AOS for parents - their I 94's got marked with no AOS/EOS

[cuesera]

Hello folks
I need help with a similar situation.

My parents arrived on visitor visa one week back and their I 94's got marked with no AOS/EOS.

I was planning to file their AOS along with my petition for parents (I'm a US citizen).

They are 76 and 71 yrs old and the travel across seas of 24 hrs is really very strenous for them to undertake again.

The web site at USCIS says nothing about waiting for 30/60 days before filing for AOS.

I've already got their medical exams done and have the applications ready to drop off at local USCIS office by next week.

That will be exactly ten days after their arrival in US.

I erally need advise on whether I should wait for 30 days (but I've already got medical exams and done dated within a week of their arrival) OR should I just go ahead and submit the papers.

What can happen if they refuse to do AOS here? Will my parents have to go back immediately OR can they stay tilll their I 94 date?

Will they have to file for consulra processing before attempting any furhter travel to US?

Will they be able to come again on their visitor visa (10 yrs) or they wil be harrased at the port of entry?

This time around whne they came in the SFO oficials told them they were coming here to frequently and shouldnt do so. That is why they marked my parents passports with no AOS/EOS.

Please help!!!

[cuesera]

Hello folks
I need help with a similar situation.

My parents arrived on visitor visa one week back and their I 94's got marked with no AOS/EOS.

I was planning to file their AOS along with my petition for parents (I'm a US citizen).

They are 76 and 71 yrs old and the travel across seas of 24 hrs is really very strenous for them to undertake again.

The web site at USCIS says nothing about waiting for 30/60 days before filing for AOS.

I've already got their medical exams done and have the applications ready to drop off at local USCIS office by next week.

That will be exactly ten days after their arrival in US.

I erally need advise on whether I should wait for 30 days (but I've already got medical exams and done dated within a week of their arrival) OR should I just go ahead and submit the papers.

What can happen if they refuse to do AOS here? Will my parents have to go back immediately OR can they stay tilll their I 94 date?

Will they have to file for consulra processing before attempting any furhter travel to US?

Will they be able to come again on their visitor visa (10 yrs) or they wil be harrased at the port of entry?

This time around whne they came in the SFO oficials told them they were coming here to frequently and shouldnt do so. That is why they marked my parents passports with no AOS/EOS.

Please help!!!

[aneri]

Hi cuesera,

have you heard for immigration visas? Why wasn't that an option for your parents?

USCIS mostly refers to 30/60 day guideline when dealing with marriages that occur within 30/60 days of alien's entrence with non-immigrant visa and subsequent AOS.

How long is a wait for AOS interview in your area? Some places it takes months or even a year before one is called for interview. My best guess is that you will not know if your parents will be able to adjust status before the interview. And at that point, I-94 will long expire.
If refused AOS, your parents will get a month or two to leave the US. They can also apeal the decision and stay until the final ruling.

How would one (with no job in home country and a child in the US) convince an immigration officer at POE that he/she has no immigrant intent after failing to adjust status in the US in not so distant past? If AOS fails, I highly doubt your parents will be able to come to the US as visitors any time soon.

What are the chances for them to become permanent residents? We can only guess...It may happen from the first try but you may also end up spending the next few years fighting the USCIS and paying for legal fees.

[cuesera]

I think you mean consular processing? Or is it something else?

As I mentioned my parents are very old (76 and 71 yrs respectively). They have no one in that country to help them out.

That is why I thought once they are here - I can do the leg work and paper work for them.

How does immigration visa work for parents of US citizens?

Thanks

[aneri]

Yes, the result of consular processing is an immigration visa. So, we were talking about the same thing.

For how long are your parents' I-94s valid?

[cuesera]

6 months

The inspector at the POE told them that they had been coming here too oftern and staying here more than in the home country.
(I have been trying to get them here as I waited for my citizenship, so that I could look after them as long as I can.)

And that is why he marked No AOS/EOS on thier I 94.

I am finding no instrucitons on how consular processing requirements and timing on the web. Any links?

Thanks

[aneri]

- for processing times in US, try
https://egov.immigration.gov/cris/js...d=d1Fez6OLizxf

- for consular processing
http://travel.state.gov/visa/immigra...ypes_1310.html
How long it takes depends on how fast I-130 is approved, all the forms received and returned to NVC, and the embassy involved.

You can check out with the embassy if they would accept direct filing - meaning you submit I-130 at the embassy. In that case you would have to go there, but it would be much faster.

In your situation, I would forget about filing AOS now. You have time. See how everybody involved feels about the situation in 5 months. Forget that you ever planed AOS before they even landed in the US.

[dragonlady]

First you must file an 1-130 for each parent.

Then you wait to see if immigration agrees that they are your direct relatives. Then you file an I 485 - Adjustment of Status. Wait time depends on the office you file with. Then you wait until they request fingerprints and an interview. Then if all goes well, they will be issued Permanent Resident Status.

Go to USCIS website and the Department of State website. Directions and information is fairly clear.

[cuesera]

Will the fact that they are here effect the I 130 processing? (There is a column where I 94 details need to be filled for currently visiting sponsee's)

Will their I 94's get checked anyway and the no AOS/EOS condition show up?

Also I'm in CA and the I 130 times are 6-7 months whihc means that they would've gone back by then. And then would I need to send the documents to their home for consular processing?

Thanks

[SunDevilUSA]

A visitor visa is for...er, visiting. It is not a short-cut for AOS/EOS, hence the notation on your parents' I-94s. I guess that the BCP officer foresaw your little plan.

Of course the "no AOS/EOS" condition will show up...do you think that the BCP officer simply did it for the good of his health?

You know that your parents are barred from AOS, so why are you even asking the question?

Consular processing is their only option.

Furthermore, given that they appear to have been spending a lot of time in America, the flight is obviously not as much of a burden on your parents as you want us to believe. Perhaps the flight only became a burden once you became a citizen???

[marmaduk]

Note that once you filed the I-130, your parents will have trouble entering USA again with their visitor visa, since they've now clearly established immigrant intent.

[Someone12]

people like the OP believe that rules only apply to others; as SD pointed out, the immigration officer was not practicing his/her penmanship....NO AOS NO COS means No adjustment no change of status....it could not be more clear, unless the OP is stupid or arrogant (probably both)...notice that her parents have had no "problems" traveling and camping out in the US before....suddenly, a new plan emerges, CPB sees it and makes the notation....it's called OBEYING THE RULES.

[cuesera]

Dear Someone12, SunDevilUSA

I may be a fool, but I think USCIS expects only fools to try to sponsor their parents.
If you go to thier web pages, the only instrucitons for sponsoring your parents are about when they are already here.
There are absolutely no instructions about wht to do as next steps to I 130, in case your parents are not here.

Oh BTW, it is an ordeal for my parents to travel for more than 24 hrs to visit me and they do it without complaining because of their love for me.
Before getting my citizenship I had no options. Now that I have one, I'm trying to make it easier for us to be together without the intervening six month seperation.

It was nice to read your point of view and see what an uperson without the complete picture might think.
It is not for me to advise you but try not to jump to conclusions when you dont know the details. If a person is posting some queries here - it is not because they have nothing better to do. They are seriously seeking help and opinion. A non prejudiced and objective view certianly helps, but rudeness? When a person is already under stress? Doesnt sound humane to me. But well ...maybe it is too much to ask for from everyone.

Anyway, from my side, I hope you have the good fortune of sharing time with your parents, as I hope to.

Regards

[Someone12]

it's called following the rules, Ms Fool. Our border folks figured our your scam...that is why they wrote the annotation. You, however, believe that for some unknown reason, are above our rules...sorry to burst your bubble (and bubblehead), but you are not. Your parents obviously lied to our border folks about the duration and purpose of their stay (most likely under your braindead direction)...you are just another example of why people around the globe often have difficulties getting tourist visas... of course, you don't care about that, you are just focused on your whining self.

[Houston]

If you take a look at CFR, it clearly mentions that "any kind of admission" is enough to satisfy the "admitted" requirement. You may apply for AOS or consular processing, it's up to you. What the CBP wrote is only an indication of "intent", not a restriction, it's not a determination of some "scam" simply an explanation as to why they allowed somebody who qualifies as an immigrant without the immigrant visa. This annotation may raise the issue of misrepresentation but if your parents were clear and truthful with the officer, they have nothing to fear.
Again, the annotation is not a restriction or a bar to AOS, it may raise additional questions but that's as far as it goes. As for the 30/60 rule, that is nothing but a procedural rule used by DOS (NOT USCIS) to seek a secondary opinion, it is not a regulation, it is not a bar to AOS, it shouldn't even be binding to USCIS at all! There's many who don't understand 30/60 and don't even know why it was created; this rule is an instrument used to investigate possible VISA fraud cases, it is not a rule of law. Sadly, the myth comes out of misunderstanding FAM when it clearly states that DOS rules and procedures are not binding upon USCIS when adjudicating a case.