No Eos/cos/aos
Background:
My parents have visited US 4 times with a Visitor Visa. During their previous visits, I have filed I-539(Extension) and it was approved.
Issue:
When they came to SFO in September,2005 the immigration officer, wrote NO EOS/COS/AOS on their I-94.(No Extension Of Status/Change Of Status/Adjustment Of Status).
I am a US citizen. I want to file their PR(I-485) now. Can I apply it here? OR will the case be transferred to their Home Country?
Is there anybody with a similar situation?
Background:
My parents have visited US 4 times with a Visitor Visa. During their previous visits, I have filed I-539(Extension) and it was approved.
Issue:
When they came to SFO in September,2005 the immigration officer, wrote NO EOS/COS/AOS on their I-94.(No Extension Of Status/Change Of Status/Adjustment Of Status).
I am a US citizen. I want to file their PR(I-485) now. Can I apply it here? OR will the case be transferred to their Home Country?
Is there anybody with a similar situation?
In 2000, at one time while travelling to the US on a business visa, the officer at the POE suspected i had immigration intent and wrote No AOS/COS/EOS on my passport and I-94. An application for extension and subsequent attempts to apply for a new business visa were denied and i was asked to appear in person at the consulate for further enquiry and processing. My company decided not to take the risk, so i pursued the H1B option as I can never get into US with a B visa again.
As for your parents, they cannot adjust their status within the US as it is clearly mentioned on the passport that AOS is not possible. They would have to go back to their home country and apply from there. You can still go ahead and apply I-130 for them. I dont wish to scare you, but my guess is that their B-visa would be difficult to obtain the next time, but they might get lucky. Good Luck!
Thanks for the response. That was my thinking too.
Though they have a 10 year valid Visitors visa, they might not be able to visit US on visitors visa again. They might be stopped at the port of entry.
I can file I-485 here and the case might be transferred to the consulate in the HomeCountry. I do not think that the case will be denied outright.
Teluguone, you cant file I-485, Adjustment of Status is a procedure within the US by your parents, your parents must follow Consular Processing. You must begin with the petition I-130 for them here in the US and then they will be contact by the Consulate in their home country for the rest of the forms and procedures.
Even they have a valid visitor visa for 5,10 or x years the one who authorize them is their officer at the port of entry. Even if you have a valid visa you can be deny the entry by the POE. The visa never guarantee your entry.
Good luck,