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No AOS/COS/EOS - 45 day entry!

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  • No AOS/COS/EOS - 45 day entry!

    Hello Folks,
    This is my mother's 5th trip to the US. The first two times she stayed for 2-3 months. The next two times she was given a 6-month visa which I got extended to one year. Now, the immigration officer said that she's spending too much time in this country, and gave her a 45 day 1-94 with the words "NO AOS/COS/EOS" written on the 1-94 as well.

    45 days is not going to work, as three siblings live in the US and my mother has friends she wants to visit. Can I file for extension of stay even though some immigration officer has written NO AOS/COS/EOS on her 1-94?

    Thanks very much, Monika

  • #2
    No you can not. It is in your mom's best interest to abide by what the officer said and leave within those 45 days (be glad he didn't just cancel her visa and sent her home).

    Your mom HAS BEEN ABUSING he visa. Spending more time in the USA vs home country is a clear sign of someone not "visiting" but rather "living" in the USA.

    The I-94 is marked to not allow EOS (Extension of Stay) so even if you do, it will surely be denied.

    Your mom needs to go home within the 45 days and spend, I would say at least 1 year back home before trying to visit again (and attempt to visit for 3 months or less). Otherwise, she can say good bye to her visa because it will be cancelled without prejudice next time and sent home.

    Comment


    • #3
      Your mom should better leave in 45 days. As a thumb rule a visitor needs to spend more time in the home country than in the U.S. Hope people realize that applying for an extension of stay does have "after effects" irrespective of the whether the extension is approved or denied.

      Comment


      • #4
        Your mother's last two visits were a year long each? In my books, that means living and not visiting. Your mother should leave within 45 days. She severely risks being refused entry if she continues this trend of visiting.

        Originally posted by MonikaSethi View Post
        45 days is not going to work, as three siblings live in the US and my mother has friends she wants to visit. Can I file for extension of stay even though some immigration officer has written NO AOS/COS/EOS on her 1-94?
        Regards,
        S K Ghori
        skg@vex.net
        http://www.vex.net/~skg/

        **NOTE**
        I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

        **DISCLAIMER**
        I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

        Comment


        • #5
          HI there
          can someone please help me out with a proper answer.My situation is this after I graduated I took a couple of months off to find out for a proper university to do my master in movie making. I went to US the first time for 5 months and i stayed at some friend of my family that Im really close to ,then before my B visa expires I went back in italy just for a month then I decided to go back to the US for other 6 months to find a proper school for september but at the airport the officer ask me so many questions about what I was doing in the US the reason why I was coming back he saw that I was without the return ticket (he might thought i was going to live as an immigrant )and then he put on my passport "NO EOS OR COS " and he gave me just a month.I got back in italy and my I started working with my dad now my question is, Can i go back every 3 months just for 20 days to the US to see my friends even though I have those words on my passport (no EOS OR COS )?SHALL I change my passport ?do I need some documents to proof im going just to see my friends ?i got a B visa that will expire in 10 years .THANK YOU VERY MUCH
          Edit/Delete Message

          Comment


          • #6
            You want to visit your friends after 3 months for 20 days? Why are you using your B-2 visa? If you hold an Italian passport, why are you not using the VWP? You can give your plan a try but sooner or later, you may land in hot water if one of the admitting officer reckons you are using your visitor status to actually live in the US.


            Originally posted by brus843 View Post
            Can i go back every 3 months just for 20 days to the US to see my friends even though I have those words on my passport (no EOS OR COS )?
            Regards,
            S K Ghori
            skg@vex.net
            http://www.vex.net/~skg/

            **NOTE**
            I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

            **DISCLAIMER**
            I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

            Comment


            • #7
              so, but do you think I have to change my B2 visa ?or shall i cancel it just becouse in the annotation section there is written :"PROSPECTIVE STUDENT ,SCHOOL NOT SELECTED ".
              I JUST WANT TO STAY AT MY FRIENDS PLACE FOR MAX 23 DAYS EVERY 3 MONTHS ...I DON'T WANT TO MOVE OVER THERE I HAVE WORK IN ITALY .WHAT DO YOU THINK WOULD THEY LET ME DO THAT ?
              AND WHAT DO I NEED IN YOUR OPINION TO OPEN AN ANTIQUES STORE IN THE U.S. WHAT KIND OF VISA ,HOW MUCH DO I HAVE TO SHOW TO APPLY FOR IT .
              THANK YOU SO MUCH

              Comment


              • #8
                Firstly, please do not use caps. It is considered shouting.
                Secondly, just use VWP for a 23 day visit.

                Originally posted by brus843 View Post
                so, but do you think I have to change my B2 visa ?or shall i cancel it just becouse in the annotation section there is written :"PROSPECTIVE STUDENT ,SCHOOL NOT SELECTED ".
                I JUST WANT TO STAY AT MY FRIENDS PLACE FOR MAX 23 DAYS EVERY 3 MONTHS ...I DON'T WANT TO MOVE OVER THERE I HAVE WORK IN ITALY .WHAT DO YOU THINK WOULD THEY LET ME DO THAT ?
                AND WHAT DO I NEED IN YOUR OPINION TO OPEN AN ANTIQUES STORE IN THE U.S. WHAT KIND OF VISA ,HOW MUCH DO I HAVE TO SHOW TO APPLY FOR IT .
                THANK YOU SO MUCH
                Regards,
                S K Ghori
                skg@vex.net
                http://www.vex.net/~skg/

                **NOTE**
                I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                **DISCLAIMER**
                I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                Comment


                • #9
                  I'm so sorry i didn't know that.
                  but i have my B2 attached at my passport and it is valid till 2019 ,with all the signs of entries ,what do you think I have to do change my passport ?I'm in their record I think for the cos and eos thing so I don't want to seem that person that is trying to live there when I'm not ..what do you suggest ?
                  thank you very very much

                  Comment


                  • #10
                    Do not fill in a white I-94 on the plane. Fill in a green coloured I-94W on the plane.

                    Originally posted by brus843 View Post
                    I'm so sorry i didn't know that.
                    but i have my B2 attached at my passport and it is valid till 2019 ,with all the signs of entries ,what do you think I have to do change my passport ?I'm in their record I think for the cos and eos thing so I don't want to seem that person that is trying to live there when I'm not ..what do you suggest ?
                    Regards,
                    S K Ghori
                    skg@vex.net
                    http://www.vex.net/~skg/

                    **NOTE**
                    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                    **DISCLAIMER**
                    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                    Comment


                    • #11
                      I will, thank you so much
                      Btw to open an antiques store in california what kind of visa do I need ?and how much do I have to show to apply for it ?
                      can I import forniture from Paris to L.A.?

                      Comment


                      • #12
                        I am guessing it would be an investor (E) visa.

                        Originally posted by brus843 View Post
                        Btw to open an antiques store in california what kind of visa do I need ?
                        Regards,
                        S K Ghori
                        skg@vex.net
                        http://www.vex.net/~skg/

                        **NOTE**
                        I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                        **DISCLAIMER**
                        I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                        Comment


                        • #13
                          I also have a question regarding No AOS/COS/EOS, last year I entered the US and they marked that at my passport. I left the US within the regular period they gave me (60 days) and I want to know if I will have trouble to enter the country again. I'm planning to go to the United States again, after one year, but I don't want to have any problems. It will be my 6th time at the country.

                          Comment


                          • #14
                            No one can speculate that. It all depends if the POE officer has doubts on your declared intent or not.

                            Originally posted by GiseleM View Post
                            I want to know if I will have trouble to enter the country again.
                            Regards,
                            S K Ghori
                            skg@vex.net
                            http://www.vex.net/~skg/

                            **NOTE**
                            I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                            **DISCLAIMER**
                            I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                            Comment


                            • #15
                              My mother (60 years old) was in the same situation. CBP put NO AOS/EOS/COS stamp (with 2 months visa expiration) on her passport at her last entry at Newark airport. I contacted few attorneys and response was 50/50. Some said it's better to file GC via Consular processing. Some said she is eligible to file GC from here.

                              We hired an attorney. We filed her GC within a month from her entry and received Receipt notices before her I-94 expiration. She was scheduled for I-485 initial interview. My mother and I (as a petitioner) went for I-485 interview today at Newark, NJ Office.

                              IO (african american male) asked for original birth certificates and asked several yes/no type questions from I-485. He also asked if she had my childhood photos which we had and showed to him. He also asked I-864 and i told that it was filed with original application. Key is some IO are lazy. So, it's better to take your filing copy with supporting documents. Interview lasted about 10-15 minutes.

                              He gave approval letter (saying recommended for approval of i-485/130) at the time of interview.

                              I just received "Card Production Email" from USCIS.

                              Those who are in similar situation, hire a competitive attorney. If you entered US legally and have no other criminal records and file i-130/485 before your i-94 expiration, you may be in LUCK like few of us in this thread

                              Comment


                              • #16
                                Originally posted by Triple Citizen View Post
                                Firstly, please do not use caps. It is considered shouting.
                                Secondly, just use VWP for a 23 day visit.
                                I realize that this is a very old thread and the OP doesn't need the answer anymore but for others reading the thread I would correct this information. If the CBP Officer sees an unexpired B1/B2 visa in the applicant’s passport, the officer will use the visa and not the VWP regardless if the applicant wants to use the VWP.

                                FB

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