AOS denied, overstay situation?

[shri ganesh]

My parents were eligible for GC based on my US citizenship. But we decided to file for Extension of stay (I-539).

The EOS was denied which has resulted in their overstaying the B2 visa (from the date on I-94 to date of departure) by about 2 months.

My questions are specific and as follows:
1) Is it worth filing a motion to reconsider? if nothing else, at least to get things cleared. The results might not be out until my parents leave the US anyway (due to processing times).
2) Is their visa considered cancelled (Section 222g) so that they'll need to get a new visa to come back to the US? The discussions so far are very unclear although it looks like they'll have to file for a new visa (they have 8 years remaining on the visa and this is a pain)
3) Next time, we would simply go for GC when they come here. Will they be allowed AOS having overstayed this time around. There is no such question on I-485.
4) If I applied for their GC based on parents of a US citizen, how long to get advanced parole as we must all travel in November?

URGENT responses are appreciated as time is of essence.

Thank you.

Shri G

 

[Sun07]

I beleive you are fine. Parents of US Citizen overtsay is covered and forgiviable offense. I would advice have them stay here in US until they get thier GC.

 

[PraetorianXI]

You are better off applying for their residency (I-130, i-485)
...

Advance Parole (I-131) can take anywhere from 60 to 90 days... but then, mine took only 28 days and some people lately received theirs in 2 weeks!

 

[shri ganesh]

I130/I485 rules

Thank you for the replies.

I contacted both the USCIS and DOS and both said that the visa is not cancelled since they applied for EOS before the expiration of original I-94. I will try to get something in writing.

However, there are some concerns about the two forms:
I-130: asks for date on I-94 for the last visit. This could be a problem as they have "overstayed"
I-485: Under section "Who is not eligible?" anybody who has overstayed is not eligible. This is unclear again.

Any clarification and help is appreciated.

Shri G
T-15 (15 days to figure out the process)

 

[kaisersose]

Thank you for the replies.

I contacted both the USCIS and DOS and both said that the visa is not cancelled since they applied for EOS before the expiration of original I-94. I will try to get something in writing.

However, there are some concerns about the two forms:
I-130: asks for date on I-94 for the last visit. This could be a problem as they have "overstayed"
I-485: Under section "Who is not eligible?" anybody who has overstayed is not eligible. This is unclear again.

Any clarification and help is appreciated.

Shri G
T-15 (15 days to figure out the process)

USCIS allows overstay upto a total of 180 days for 485 adjudication. Anything beyond that will be grounds for 485 denial.

 

[Sun07]

Kaisersose:

Please dont give wrong advice. Your statement of anyone who has overtstayed for more than 180 days is valid for other categories of Adjustment of Status but not in this case - USC sponsering parents.

You are good Shri Ganesh Ji. I would advice hire a good lawyer and submit AOS application via him/her. I would not do this by myself. Will cost money but I think this is an important matter involving your parents.

Sun

 

[guynew28]

I have same situation as shri ganesh. I asked my cousin who used to be an immigration lawyer (also have many immigration lawyers friends), she said I-485 is like an extension. Your parents can stay in USA without I-539 legally until they get the I-485 approval.