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

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  • #16
    and when she applies for an AOS, they (USCIS) will ask for a copy of the passports and visas --and then, voila, they see the "NO AOS NO COS" marking....I wonder what happens next.....

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    • #17
      What happens next is, perhaps, some questioning about intentions at entry. The alien is NOT disqualified simply because the CBP made some annotation that only serves to explain why he or she granted admission to an alien who qualifies as an immigrant but who is not in possession of a valid immigrant visa. EVEN if the parents had preconceived intent to remain, that alone is not enough to negate the benefit of AOS as a matter of discretion.
      One more time, the annotation is NOT a bar to AOS, the CPB does not have the authority to ban an alien from obtaining AOS.

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      • #18
        The main problem that I see here is that the desicion to AOS was not made after the parents entered the U.S. but long before that happened. This is not a bar to AOS but it may raise the issue of PC or even misrepresentation. People should never try to plan around 30/60, that is a mistake and it's illegal. 30/60 is a procedural guideline binding to DOS as seen in FAM, not a statute of law. 30/60 does not apply to AOS either, it's not binding upon USCIS as it's nothing but a guideline used by consular offices to investigate "possible" cases of visa fraud.

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        • #19
          nonetheless, the DHS adjudicators can decide that the entry of the parents as "tourists" followed by a request of AOS was BS and can easily deny the AOS no matter what some dirtbag immigration attorney believes otherwise...

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          • #20
            True enough, AOS is discretionary and can be denied if the person misrepresented a material fact; being admissible is not enough. However, the annotation on the I-94 is nothing but a reminder of why that person in particular was allowed as a visitor when in fact the person qualified as an immigrant. The annotation is NOT a bar to AOS. If the alien establishes by clear and convincing evidence that no misrepresentation took place, AOS should be granted in the absence of other negative factors.
            And remember, the AFM clearly establishes that the exercise of discretion is not "making arbitrary" decisions. All decisions must be based upon the law and must be supported by strong, substantial evidence.
            The OP could use legal representation, relying on a public message board is not a good idea when dealing with delicate issues. This is NOT legal advice.

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