Announcement

Collapse
No announcement yet.

TO SARAH.. Read this.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • TO SARAH.. Read this.

    TO understand about AOS is that it is discretionary, not mandatory. It is possible for a person who is technically eligible for immigrant status to nonetheless be denied adjustment of status in the exercise of discretion. The most common instances of such discretionary denials involve cases where the applicant abused the nonimmigrant process.

    For example, if a person applies for admission into a school or for a change in nonimmigrant status within 30 days of entry, they are presumed to have acted in bad faith. That is, they had the preconceived intent to make the change and they used an easier to obtain visa in order to evade the normal screening process abroad for the visa they really wanted.

    If the application occurs between 30 and 60 days after entry, no presumption is made, but there is a strong suspicion that the person may have acted in bad faith. The case will be scrutinized carefully. If the application occurs more than 60 days after entry, the presumption is that the applicant acted in good faith. Both the INS and the State Department reserve the right to re-examine such cases, however, if there is any additional evidence of wrongdoing. If an AOS applicant has anything in his or her past visa history that suggests that he or she may have abused the visa process, or otherwise tried to take shortcuts, the INS has made it clear that they can and will deny such adjustment applications in the exercise of discretion. Discretionary AOS refusals are not subject to administrative review. While federal court review is theoretically possible, few judges are willing to attempt to substitute their judgment for that of INS officers in the absence of gross abuse of discretion.

    One of the greatest and most persistent myths about AOS processing is the belief that if an AOS application is denied, the applicant can easily return to non-immigrant status and go on as if the AOS application had never been made. This is simply not true. If a person is denied AOS because of serious personal misconduct, they may well be taken into custody immediately and held until they can be physically removed. Even when this is not the case, and a denied applicant is not taken into custody, he or she must leave the United States within a very short period of time and will find it extremely difficult to ever return. It is the extremely rare case in which a denied AOS applicant is allowed to remain in the U.S. or easily re-enter.

  • #2
    TO understand about AOS is that it is discretionary, not mandatory. It is possible for a person who is technically eligible for immigrant status to nonetheless be denied adjustment of status in the exercise of discretion. The most common instances of such discretionary denials involve cases where the applicant abused the nonimmigrant process.

    For example, if a person applies for admission into a school or for a change in nonimmigrant status within 30 days of entry, they are presumed to have acted in bad faith. That is, they had the preconceived intent to make the change and they used an easier to obtain visa in order to evade the normal screening process abroad for the visa they really wanted.

    If the application occurs between 30 and 60 days after entry, no presumption is made, but there is a strong suspicion that the person may have acted in bad faith. The case will be scrutinized carefully. If the application occurs more than 60 days after entry, the presumption is that the applicant acted in good faith. Both the INS and the State Department reserve the right to re-examine such cases, however, if there is any additional evidence of wrongdoing. If an AOS applicant has anything in his or her past visa history that suggests that he or she may have abused the visa process, or otherwise tried to take shortcuts, the INS has made it clear that they can and will deny such adjustment applications in the exercise of discretion. Discretionary AOS refusals are not subject to administrative review. While federal court review is theoretically possible, few judges are willing to attempt to substitute their judgment for that of INS officers in the absence of gross abuse of discretion.

    One of the greatest and most persistent myths about AOS processing is the belief that if an AOS application is denied, the applicant can easily return to non-immigrant status and go on as if the AOS application had never been made. This is simply not true. If a person is denied AOS because of serious personal misconduct, they may well be taken into custody immediately and held until they can be physically removed. Even when this is not the case, and a denied applicant is not taken into custody, he or she must leave the United States within a very short period of time and will find it extremely difficult to ever return. It is the extremely rare case in which a denied AOS applicant is allowed to remain in the U.S. or easily re-enter.

    Comment


    • #3
      Mohan you're good. How did you come up with all these immigration jargons. To tell you the truth I still have to read it over and over again so I could understand what you are saying. Where did you get all these facts, any reading materials or website ? I need to learn more about immigration, the more you know the better .

      Comment


      • #4
        thank you Mohan
        Unlucky, you made me laugh lol cause I too have to read and read again to understand what he wrote...
        But then I was scared...so Mohan you are telling me even with an approved I-130 There is nothing left to do? I just have to leave ? Well most lawyers that I saw said that I have to file for AOS again and submit at the same time another waiver for hardship...so what do you think ? I have been reading your posts and I know you are well informed...Thank you Mohan soooooooooooo much..

        Comment


        • #5
          This can from INS attorney, How they are analyse the case and decide.

          Comment


          • #6
            thank you mohan

            Comment



            Working...
            X