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I94 marks
- Thread starter gcb2005
- Start date
Pinturicchio
Registered Users (C)
gcb2005 said:If a person has the i94 marked "no aos/cos/eos" at the port of entry, is it still possible for her to AOS as an immediate relative?
Any help would be greatly appreciated. Thanks.
Common sense would say No.
Common sense also says that the person should leave after the I-94 expires and some are still eligible for AOS. I've read the law and can't find anything related to this notation, it only reads "if admitted or paroled you may adjust as an immediate relative"... So this is extremely confusing. I'd appreciate any related comments. What's the legal reason behind this bar? Can it be rebutted?
sometime2006
Registered Users (C)
Yes you can... The law is clear as to who can adjust status in the US. There is no exception in the law for a POE officer who hand writes in info on the I-94.
Talk to an experienced immigration lawyer in your area who handles adjudication interviews, they can guide you more on how your DO handles these situations.
The one thing to keep in mind though is that the officer had a reason to write this in... Most likely because of statements you made to him. That netcam they take your picture with also records video and sound (they use the same netcam to record adjudications). So just be sure you did not provide any false statements. Intentions can change... False statements cannot.
Talk to an experienced immigration lawyer in your area who handles adjudication interviews, they can guide you more on how your DO handles these situations.
The one thing to keep in mind though is that the officer had a reason to write this in... Most likely because of statements you made to him. That netcam they take your picture with also records video and sound (they use the same netcam to record adjudications). So just be sure you did not provide any false statements. Intentions can change... False statements cannot.
gcb2005 said:If a person has the i94 marked "no aos/cos/eos" at the port of entry, is it still possible for her to AOS as an immediate relative?
Any help would be greatly appreciated. Thanks.
no AOS/COS/EOS means you CANNOT adjust your status, change your status or extend your stay within the US. This means you will have to go back to your country and come via CP. You can try to submit your AOs application while you are here but im sure it will be denied as your I-94 does not allow you to adjust status while in the US. I had that written on my I-94 couple of years ago when i used to come to the US on business trips and i had so many problems trying to extend my visa or change status.
Actually, I'm not the one applying so I'll have to take her word for it when it comes to being honest with officials. I did want to know though if the whole thing was doomed from the start. Thank you all for the comments.
One more question... what EXACTLY is the sponsor liable for (affidavit of support)?
One more question... what EXACTLY is the sponsor liable for (affidavit of support)?
gcb2005 said:Actually, I'm not the one applying so I'll have to take her word for it when it comes to being honest with officials. I did want to know though if the whole thing was doomed from the start. Thank you all for the comments.
One more question... what EXACTLY is the sponsor liable for (affidavit of support)?
This is an exceprt from the I-864
A sponsor's obligation continues until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation. By signing this form, you, the sponsor, agree to support the intending immigrant and any spouse and/or children immigrating with him or her and to reimburse any government agency or private entity that provides these sponsored immigrants with Federal, State, or local means-tested public benefits.
This is what I found at the CIS site:
"Any type of admission, whether as a nonimmigrant, as an immigrant (unlikely, but possible), or (with limitations) as a refugee, can meet the “inspected and admitted” requirement, but note that persons who were admitted in several categories are barred from adjustment by section 245(c). Likewise, any type of parole under section 212(d)(5) of the Act, whether for urgent humanitarian reasons, for significant public benefit, or for a deferred inspection, meets the “paroled into the United States” requirement. "
So I would think that while the alien would likely be subject to additional questioning, the notations itself would not ban AOS itself. What do you think?
"Any type of admission, whether as a nonimmigrant, as an immigrant (unlikely, but possible), or (with limitations) as a refugee, can meet the “inspected and admitted” requirement, but note that persons who were admitted in several categories are barred from adjustment by section 245(c). Likewise, any type of parole under section 212(d)(5) of the Act, whether for urgent humanitarian reasons, for significant public benefit, or for a deferred inspection, meets the “paroled into the United States” requirement. "
So I would think that while the alien would likely be subject to additional questioning, the notations itself would not ban AOS itself. What do you think?