Immigration Site

Since about a year ago, it has been mostly been a hellish life, but getting back on track now. My wife came in illegally in 2001, and we married in 2003. My visa petition was approved, but she had to use consular processing. In Mexico, 7/13/2009, the consulate denied for life, based on a false claim to citizenship. After battling that to have it reconsidered, and trying humanitarian parole through DC, that all failed.
Then in August 2010 (after living in Mexico for a year) we had a huge terrible family event and my wife was given parole at point of entry (land border). It was really a miracle that this was approved after being denied a visa for life previously.
This was only good for a week though, and due to the circumstances, she couldnt return within a week to Mexico. We have been living in the US again since then. We want to apply for AOS. I have tried to consult with many lawyers, and we have paid enough out in lawyer fees to have gone to school and learn how to do this the right way. Form I-485 says you must be paroled or admitted, and she was paroled. It doesnt matter that she didnt come in on a visa.
Here are my questions:
1. I-485 Page 2 part 10 D says not eligible if "Your authorization stay expired before you filed this application" but part 10 F 1 seems to say it doesnt matter if "you are applying because you are...An immediate relative of a U.S. citizen. So will she be able to adjust even though the parole expired?

2. Since there was no material evidence of the false claim to citizenship, could there be an approval for AOS, when the visa had been denied for life from the Consulate?

3. If the AOS is denied, would there be appeal rights? Also, would she be deported immediately from wherever they would make that denial decision assuming we were in an interview or court?

Thanks in advance, so much to all you who help, and the info you have posted that helps.

I hope you are going to hire a competent attorney. Your case is not a DIY cased based on forum advice. Read the literature below. It is not very promising.

Humanitarian Parole

If in fact you are outside the U.S. and have to travel to the U.S. temporarily because of an urgent business or personal situation, you can apply for a humanitarian parole document to be paroled into the U.S. on humanitarian grounds, if you cannot receive the required visa and any obligated waiver of excludability.

Note: You cannot use Humanitarian Parole to circumvent normal visa issuing procedures, and is not a means to bypass delays in visa issuance. Parole is an extraordinary measure sparingly used to bring an otherwise inadmissible alien into the U.S. for a temporary period of time due to a very compelling emergency.


Since about a year ago, it has been mostly been a hellish life, but getting back on track now. My wife came in illegally in 2001, and we married in 2003. My visa petition was approved, but she had to use consular processing. In Mexico, 7/13/2009, the consulate denied for life, based on a false claim to citizenship. After battling that to have it reconsidered, and trying humanitarian parole through DC, that all failed.
Then in August 2010 (after living in Mexico for a year) we had a huge terrible family event and my wife was given parole at point of entry (land border). It was really a miracle that this was approved after being denied a visa for life previously.
This was only good for a week though, and due to the circumstances, she couldnt return within a week to Mexico. We have been living in the US again since then. We want to apply for AOS. I have tried to consult with many lawyers, and we have paid enough out in lawyer fees to have gone to school and learn how to do this the right way. Form I-485 says you must be paroled or admitted, and she was paroled. It doesnt matter that she didnt come in on a visa.
Here are my questions:
1. I-485 Page 2 part 10 D says not eligible if "Your authorization stay expired before you filed this application" but part 10 F 1 seems to say it doesnt matter if "you are applying because you are...An immediate relative of a U.S. citizen. So will she be able to adjust even though the parole expired?

2. Since there was no material evidence of the false claim to citizenship, could there be an approval for AOS, when the visa had been denied for life from the Consulate?

3. If the AOS is denied, would there be appeal rights? Also, would she be deported immediately from wherever they would make that denial decision assuming we were in an interview or court?

Thanks in advance, so much to all you who help, and the info you have posted that helps.

We hired 2 different lawyers, and they couldnt get it done. We got the parole approved without a lawyer, and in fact the lawyers recommended not to go near the border. Verbally applying at the border is how the parole was approved during the emergency.

Yes the humanitarian parole was extraordinary and for an emergency and for temporary. The I-485 does say that the alien had to be parolled in to Adjust Status, meaning that even if it is temporary, it is possible to do. The part about being used to circumvent visas makes someone apply for a visa first.

I am concerned about the appeal process being available and the possible deportation if denied in the end.

She was paroled for a limited period of time. Her parole has expired. She is subject to deportation at this time.

You need to listen to the lawyers. Since they could not get it done, it is likely impossible. You need to move to her country so she can stop living in fear.