AOS eligibelity / I-94 comment- Urgent

[patel1229]

I have all the forms and documents ready to file for my mom as her B-2 visa expiring on Jan 15, 2006. I need some advice before I send the forms (I-130, i-485, I-131) out today or tomorrow.

I am USC applying for my mom. She is currently in US on B-2 visa. She has 10 yers multiple visa and she visited US 3 times before(legally) on B-2 visa and she never over stayed. This time when she came to US the immigration officer asked her lots of questions and on the I-94, on the comment field in back he wrote limit stay per SCBPO and instead of 6 months she only got 45 days entry. He did not stap her passport or I-94 with NO EOS/COS/AOS. I decided to aplly for her AOS here since she might have hard time enter US again on B-2. My question is:

1. is she eligible for AOS?
2. If I aplly and her AOS denied, can she apply for Consular processing after?

[cherr1980]

As long there is no remark about the one you mentioned there should be no problem to adjust her status.
Good luck,

[needurhelp]

[QUOTE=patel1229]I have all the forms and documents ready to file for my mom as her B-2 visa expiring on Jan 15, 2006. I need some advice before I send the forms (I-130, i-485, I-131) out today or tomorrow.

I am USC applying for my mom. She is currently in US on B-2 visa. She has 10 yers multiple visa and she visited US 3 times before(legally) on B-2 visa and she never over stayed. This time when she came to US the immigration officer asked her lots of questions and on the I-94, on the comment field in back he wrote limit stay per SCBPO and instead of 6 months she only got 45 days entry. He did not stap her passport or I-94 with NO EOS/COS/AOS. I decided to aplly for her AOS here since she might have hard time enter US again on B-2. My question is:

Originally Posted by patel1229

1. is she eligible for AOS??

She is eligible for AOS. You should apply as soon as possible. According to some, physical receipt of the documents by USCIS makes her stay legal.

Originally Posted by patel1229

2. If I aplly and her AOS denied, can she apply for Consular processing after?

The chances of denial is very low to non-existent.

Good Luck!!!!

[patel1229]

Thanks Cherr1980 and needurhelp for your reply. I will mail her applications tomorrow by fedex to chicago lock box.