GC AOS processing for Mother

I guess I am dumb not to pick the obvious :)

So let us assume the mother of a US citizen arrives at a POE to visit her child. Suppose the officer annotates her I-94 with "No AOS". This forum has seen such cases. Now please explain to me, why would the officer do that? He is aware she can get a GC at a US embassy if her child sponsors her. Assuming USCIS/CBP has no preference of one avenue over the other (CP versus AOS), the crux of this thread's discussion, why would the officer take such a step?

Again, I am indeed thick, so please explain his act to me.

tabaliya said:
Special circumstances applicable to the particular person combined with the discretions the CBP officer is empowered with. The answer should be obvious.
Click to expand...
 
Triple Citizen said:
Now please explain to me, why would the officer do that? He is aware she can get a GC at a US embassy if her child sponsors her. Assuming USCIS/CBP has no preference of one avenue over the other (CP versus AOS), the crux of this thread's discussion, why would the officer take such a step?
Click to expand...

CBP putting "No AOS, etc" on the i-94 is 99% with cases where visitor has spent significant time in the US in the previous year(s) on a visitors visa, leading to suspicion that the visitor might intend to immigrate, which the visitor visa does not want/condone. USCIS doesn't like people immigrating through the visitors visa for a number of obvious reasons. Once in the country, it's easier to immigrate or simply overstay. USCIS always prefers the consular method: immigrant applies for visa (or GC) overseas, and get's approved or denied. If immigrant is not a "wanted immigrant" (doesn't have job qualifications, has the wrong eye shape, has pink fingernails etc, etc), visa is denied, and immigrant can never again use visitor visa. End of case, end of story, usually. Or immigrant goes to the US first with visitor visa. If granted admission -- and there are no reasons why not -- immigrant can attempt immigration, and it's usually much easier. It's easier to find a suitable company to work for, it's easier to fall in love with someone and marry, tons of reasons why it's easier -- but the USCIS has less ability to cherry pick immigrants, 'cause that's what it's (sadly) all about.

Now, isn't it obvious why, when someone shows a large amount of time spent in the US under a visitors visa, that CBP would get nervous feet and print "No AOS" on the i-94? This has nothing to do with a mom or dad coming to visit their US citizen son, and CBP seeing this magically on their display (personally, I doubt this very, very much.) and fearing AOS. And even if "No AOS" is printed on the i-94, the chances of being able to do AOS anyway is probably fairly high -- if immediately family relative. Bottom line, I personally doubt this is ever done in fear of AOS by immediate relative, and there is no secret hidden USCIS preference for immediate family AOS by CP. They could care less, and the document I linked on my previous post shows their position pretty clear on this topic.

My 2 cents.



tabaliya said:
All I'm saying it give the folks a break - instead of jumping on them with moralistic and legal arguments (tenuous at best) and discouraging them outright, suggest them ways they can approach this. This whole attitude of "sorry you are comitting a morally inferior act - don't even try an AOS but do a CP instead" is not nice, that's all. Immigration is a tough journey for everyone as it is and we don't need self-proclaimed moral police to dampen people's spirits here.
Click to expand...

Couldn't have said it better.
 
Last edited by a moderator:
Triple Citizen said:
Yes I did and I totally agree with you. However the only point I was trying to relay to all reading this thread, you only agreed with in the last post. Thus I am thanking you.
Click to expand...

This is a discussion about AOS by immediate relative only, nothing else, don't quote me out of context. USCIS does not frown upon AOS by immediate relative over CP. So what's the point you're trying to make?
 
Last edited by a moderator:
I stand by my belief that USCIS prefers that immediate relatives immigrate via IR/CR visas instead of AOSing from B-2 status.

Like civil beings we can agree to disagree.


mmlo said:
USCIS does not frown upon AOS by an immidate relative over CP.
Click to expand...
 
Triple Citizen said:
I stand by my belief that USCIS prefers that immediate relatives immigrate via IR/CR visas instead of AOSing from B-2 status.

Like civil beings we can agree to disagree.
Click to expand...

I still believe in Santa Clause, too. But sometimes, it just sucks to believe in something when there isn't any evidence of it.

I requote USCIS for shits, it can't and won't deny based on 'preconceived intention to remain':

In the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain. Matter of Cavazos, Int. Dec. 2750(BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981).
Click to expand...
 
If you arrive at the POE using a tourist visa and say you plan to file for AOS, you will be refused entry.

If you are already in the US with a tourist visa and apply to extend it, and you let them know you plan to file for AOS, your extension will be denied.

If you apply for a tourist visa at a consulate and tell them you plan to file for AOS, your visa will be denied.

When somebody enters with a nonimmigrant visa (other than dual intent visas) and they file for AOS or otherwise overstay, it is counted against the record of the officer who granted the visa and the officer who allowed entry at the POE. It is also counted against the statistics for the applicant's country, and will affect how strict they are in approving future visas.

So even though they approve a large number of AOS applications for people who entered with a tourist visa, they definitely hate it, and every day they refuse visas to numerous people because of the suspicion that they will file AOS.
 
Last edited by a moderator:
mmlo said:
I requote USCIS for shits, it can't and won't deny based on 'preconceived intention to remain':
Click to expand...

But note that they said "In the absence of other adverse factors". So somebody with an "adverse factor" (whatever that means) in their history isn't entitled to have USCIS ignore the preconceived intent.
 
Let me guess, you believe in Santa Claus like us? :)

Jackolantern said:
If you arrive at the POE using a tourist visa and say you plan to file for AOS, you will be refused entry.

If you are already in the US with a tourist visa and apply to extend it, and you let them know you plan to file for AOS, your extension will be denied.

If you apply for a tourist visa at a consulate and tell them you plan to file for AOS, your visa will be denied.

When somebody enters with a nonimmigrant visa (other than dual intent visas) and they file for AOS or otherwise overstay, it is counted against the record of the officer who granted the visa and the officer who allowed entry at the POE. It is also counted against the statistics for the applicant's country, and will affect how strict they are in approving future visas.

So even though they approve a large number of AOS applications for people who entered with a tourist visa, they definitely hate it, and every day they refuse visas to numerous people because of the suspicion that they will file AOS.
Click to expand...
 
tabaliya said:
He obviously likes what is in line with his opinions :) Nothing wrong with that either :)
Click to expand...

Absolutely not, I just don't like being taken out of context... So you have something valuable to share or add to this discussion?
 
Triple Citizen said:
I guess I am dumb not to pick the obvious :)

So let us assume the mother of a US citizen arrives at a POE to visit her child. Suppose the officer annotates her I-94 with "No AOS". This forum has seen such cases. Now please explain to me, why would the officer do that? He is aware she can get a GC at a US embassy if her child sponsors her. Assuming USCIS/CBP has no preference of one avenue over the other (CP versus AOS), the crux of this thread's discussion, why would the officer take such a step?

Again, I am indeed thick, so please explain his act to me.
Click to expand...

Like with anything else, the burden of proof (of demonstrating that the visitor has no immigrant intent) is with the visitor. USCIS has a blanket assumption that everyone is here to immigrate. That is why you get scrutizined at the time of applying for visa and they have one more opportunity to check you at the POE. So the particular circumstances of the person entering might cause the IO to believe otherwise (i.e. not be convinced that the person is not entering with immigrant intent). Use mmlo has already indicated one reason. There could be more.

Any way, to cut this short (hopefully my last post on this - you have the last word Triple Citizen), if all you want to say is you are convinced that USCIS frowns upon people doing this then so be it.

Peace!

AP
 
mmlo said:
Absolutely not, I just don't like being taken out of context... So you have something valuable to share or add to this discussion?
Click to expand...

That was for Triple Citizen - he has affirmed this in a follow up post.

>>So you have something valuable to share or add to this discussion?

you getting testy or something? 'tis the season of chill!

AP
 
tabaliya said:
That was for Triple Citizen - he has affirmed this in a follow up post.

>>So you have something valuable to share or add to this discussion?

you getting testy or something? 'tis the season of chill!

AP
Click to expand...

Sorry tabaliya, I apologize, I really thought that was directed at me (can you see that from my point of view?). Sorry for being... testy! There's been a lot of genuinely interesting discussion in this thread, and it's an interesting topic. I hope the actual OP got his question sufficiently answered ;)
 
You must log in or register to reply here.
Top