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Thread: Applying for AOS for parent

  1. #1
    Hi,


    I'm new to this forum; really hope I can find some answers here.

    My mom is here on visitor's visa. Her stay will expire on June 7. I had my naturalization interview recently and will take the Oath on July 4. I want my mom to stay, but I'm not sure what's the best course of action should be.

    1. Should we apply for extension of stay for her so that she remains here legally? Should we then
    a. Apply for AOS as soon as I become citizen (what happens to the extension of stay application, which would still be pending? Will it need to be withdrawn? Will it be considered frivolous due to trying to stay in US? Will AOS be denied on bases of extension of stay pending?)
    b. Wait for the decision on extension of stay and then apply for AOS (what happens if EOS is denied?)

    2. Should we let her stay expire? Is this going to be a problem when applying for AOS? There is conflicting information on i-485 instructions regarding this: 10.D "You are not eligible to apply for AOS if your authorized stay expired before you file" and 10.F "you are not eligible to apply for AOS if you failed to maintain your non-immigrant status, unless you are an immediate relative of USC". 10.F has this disclaimer about immediate relatives, but 10.D doesn't.

    3. Should she leave the country and re-enter? What are the chances she will be admitted if she tries to re-enter in a week?

    4. Is it even given that I will become USC now that I passed the naturalization interview and have an Oath appointment? (I don't plan on committing any crimes or anything like that, are there other reasons why naturalization can be denied?)

    I would appreciate some advise on best course of action.

    Also, I just noticed that my mom's I-94 isn't filled out (it has stamp, but not her name or address on it). She told me that she only filled out the top part and thought that the bottom part will be filled out by the immigration officer. She doesn't speak English. What should we do about this? Should I send copies of blank I-94 when applying for EOS or AOS?
    Really hope for some advice from professionals or from someone who's been in similar situation.

    Thanks.

  2. #2
    Hi,


    I'm new to this forum; really hope I can find some answers here.

    My mom is here on visitor's visa. Her stay will expire on June 7. I had my naturalization interview recently and will take the Oath on July 4. I want my mom to stay, but I'm not sure what's the best course of action should be.

    1. Should we apply for extension of stay for her so that she remains here legally? Should we then
    a. Apply for AOS as soon as I become citizen (what happens to the extension of stay application, which would still be pending? Will it need to be withdrawn? Will it be considered frivolous due to trying to stay in US? Will AOS be denied on bases of extension of stay pending?)
    b. Wait for the decision on extension of stay and then apply for AOS (what happens if EOS is denied?)

    2. Should we let her stay expire? Is this going to be a problem when applying for AOS? There is conflicting information on i-485 instructions regarding this: 10.D "You are not eligible to apply for AOS if your authorized stay expired before you file" and 10.F "you are not eligible to apply for AOS if you failed to maintain your non-immigrant status, unless you are an immediate relative of USC". 10.F has this disclaimer about immediate relatives, but 10.D doesn't.

    3. Should she leave the country and re-enter? What are the chances she will be admitted if she tries to re-enter in a week?

    4. Is it even given that I will become USC now that I passed the naturalization interview and have an Oath appointment? (I don't plan on committing any crimes or anything like that, are there other reasons why naturalization can be denied?)

    I would appreciate some advise on best course of action.

    Also, I just noticed that my mom's I-94 isn't filled out (it has stamp, but not her name or address on it). She told me that she only filled out the top part and thought that the bottom part will be filled out by the immigration officer. She doesn't speak English. What should we do about this? Should I send copies of blank I-94 when applying for EOS or AOS?
    Really hope for some advice from professionals or from someone who's been in similar situation.

    Thanks.

  3. #3
    Your mother can apply for adjustment of status, but it may be denied for fraud if you apply for adjustment after you apply for an extension. If you allow her status to expire, you can still apply, but it can also be denied for fraud, e.g. using the non-immigrant visa for avoiding applying for an immigrant visa.

    The best thing to do is to have your mother return, then when you obtain citizenship, apply for an immigrant visa for her.

    Doing it another way risk a denial for misuse of the non-immigrant visa.

  4. #4
    Why make things more stiff and rigid than necessary? Parents of USCs can adjust status on US soil despite nonimmigrant visa violation and work without authorization.

  5. #5
    They can apply, but also can be denied. You forget that. And if your plan was to break the law, why are you asking for advice?

  6. #6
    The best option here is to let your mum return home before her visa expires so she can easily obtain another visitor visa to return. Then make sure when she returns you are already a citizen and have everything you need ready so that when she arrives you can file for her while she is here. She can then be here with you while her AOS is processed. My cousin did just exactly what I explained here so its a sure hit.

  7. #7
    Again, that's a question of what's ideal and what's real. You look at the law against the alien, but forget the law in favor of the USC. It's provided that: "The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently overstayed his/her authorized admission or worked without permission, may apply for adjustment of status under section 245(a)."

  8. #8
    Welcome back too RN. The left might have been an easy target but we're RIGHT on target with the right
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  9. #9
    I like to second that.. welcome back RN!
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  10. #10


    It Sometimes ****s To always know!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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