No Eos/cos/aos

T

teluguone

Registered Users (C)
Background:

My parents have visited US 4 times with a Visitor Visa. During their previous visits, I have filed I-539(Extension) and it was approved.

Issue:

When they came to SFO in September,2005 the immigration officer, wrote 'NO EOS/COS/AOS' on their I-94.(No Extension Of Status/Change Of Status/Adjustment Of Status).

I am a US citizen. I want to file their PR(I-485) now. Can I apply it here? OR will the case be transferred to their Home Country?

Is there anybody with a similar situation?
 
teluguone said:
Background:

My parents have visited US 4 times with a Visitor Visa. During their previous visits, I have filed I-539(Extension) and it was approved.

Issue:

When they came to SFO in September,2005 the immigration officer, wrote 'NO EOS/COS/AOS' on their I-94.(No Extension Of Status/Change Of Status/Adjustment Of Status).

I am a US citizen. I want to file their PR(I-485) now. Can I apply it here? OR will the case be transferred to their Home Country?

Is there anybody with a similar situation?
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In 2000, at one time while travelling to the US on a business visa, the officer at the POE suspected i had immigration intent and wrote No AOS/COS/EOS on my passport and I-94. An application for extension and subsequent attempts to apply for a new business visa were denied and i was asked to appear in person at the consulate for further enquiry and processing. My company decided not to take the risk, so i pursued the H1B option as I can never get into US with a B visa again.

As for your parents, they cannot adjust their status within the US as it is clearly mentioned on the passport that AOS is not possible. They would have to go back to their home country and apply from there. You can still go ahead and apply I-130 for them. I dont wish to scare you, but my guess is that their B-visa would be difficult to obtain the next time, but they might get lucky. Good Luck!
 
Thanks for the response. That was my thinking too.

Though they have a 10 year valid Visitors visa, they might not be able to visit US on visitors visa again. They might be stopped at the port of entry.

I can file I-485 here and the case might be transferred to the consulate in the HomeCountry. I do not think that the case will be denied outright.
 
Teluguone, you can't file I-485, Adjustment of Status is a procedure within the US by your parents, your parents must follow Consular Processing. You must begin with the petition I-130 for them here in the US and then they will be contact by the Consulate in their home country for the rest of the forms and procedures.
Even they have a valid visitor visa for 5,10 or x years the one who authorize them is their officer at the port of entry. Even if you have a valid visa you can be deny the entry by the POE. The visa never guarantee your entry.
Good luck,
 
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teluguone said:
Thanks for the response. That was my thinking too.

Though they have a 10 year valid Visitors visa, they might not be able to visit US on visitors visa again. They might be stopped at the port of entry.

I can file I-485 here and the case might be transferred to the consulate in the HomeCountry. I do not think that the case will be denied outright.
Click to expand...

I-94 needs to be sumbitted for the GC process. Since their I-94 has been stamped with No AOS/COS/EOS this means...

1. They cannot change status within the US. Their I-485 would be denied.
2. They cannot extend the visa and have to leave US on or before date on the I-94.
3. They might not be able to get an easy entry the next time and i guess they would be subjected to secondary inspection.

Having said the above, i would not take the risk of filing the I-485 if i were you. You could file I-130 now and after it gets approved, they can go through CP to get their GC. Pl consult an immigration lawyer before you do anything.
 
I am leaning towards the advice of filing I-130 now and my parents filing their I-485 in India. I will contact an immigration lawyer and I will post the advice here.

I did not find any Consular Processing timelines. Do you have any site which lists the Consular processing timelines?
 
teluguone said:
I am leaning towards the advice of filing I-130 now and my parents filing their I-485 in India. I will contact an immigration lawyer and I will post the advice here.

I did not find any Consular Processing timelines. Do you have any site which lists the Consular processing timelines?
Click to expand...

You can file I-485 only within the US and it wont apply to your parents since they would be filing GC from outside US. CP process is different (You need to apply for I-824 and there would be a packet of forms the consulate i think, not sure). I have no idea about the timelines for the consulate. Others who are familiar with CP please comment.
 
My friends experience

My friends parents has same kind of experience as yours. Best thing for you to do is let them go back to India after their I-94 expires. Have them stay in India for 6 - 9 months and have them come back to USA and then go thru I-130, I-485, I-131 to Chicago Lock box. That route is much faster than going thru Consulate in India ( and less expensive). I know one friend whom she sponsored thru Consulate (Chennai) processing waiting from the last 18 months. My friend had to go for DNA test along with the parents ( which costed her more than $ 2500. Just my two cents only . I am NOT a lawyer and I do not act as one. Thanks
teluguone said:
Thanks for the response. That was my thinking too.

Though they have a 10 year valid Visitors visa, they might not be able to visit US on visitors visa again. They might be stopped at the port of entry.

I can file I-485 here and the case might be transferred to the consulate in the HomeCountry. I do not think that the case will be denied outright.
Click to expand...
 
simidude said:
My friends parents has same kind of experience as yours. Best thing for you to do is let them go back to India after their I-94 expires. Have them stay in India for 6 - 9 months and have them come back to USA and then go thru I-130, I-485, I-131 to Chicago Lock box. That route is much faster than going thru Consulate in India ( and less expensive). I know one friend whom she sponsored thru Consulate (Chennai) processing waiting from the last 18 months. My friend had to go for DNA test along with the parents ( which costed her more than $ 2500. Just my two cents only . I am NOT a lawyer and I do not act as one. Thanks
Click to expand...

Can you explain which part of the immigration process requires DNA test? As far as i know, i dont remember DNA test being part of any process, pls clarify.

teluguone, There is no guarantee that the officer at POE would let them in the next time they travel. If it worked for someone, doesnt mean it would work for everyone. Like i said earlier, if it was me, i would go the CP route and avoid taking the risk. Its your decision and whatever you decide, consult an immigration lawyer to understand the implications.
 
I have an Infopass appointment with an Immigration officer for Wednesday(10/12/2005). I will update as soon as I have some information. I would like to thank all of you for sharing your experiences.

(Maybe he/she can remove the no eos/cos/aos constraint. I am hoping)
 
Not part if Immigration Law

There is no where in the Immigration Law that it requires DNA tests.
My friend was asked to go for DNA test along with the parents as the Consulate did not like the birth certificates or were not convinced with the
child-parent relationship.

My friend also know some body
else who was also requested the same kind of evidence. I think ( no where it is written in the Immigration Law I can quote for you)
because of the rise in immigration fraud, the Consulate is requesting this kind of evidence.

I totally agree with you that oficer at the POE next time will not stamp No COS/EOS/AOS. The probability of that happening is slimmer than NOT happening. It is told by teluguone ( the person who posted the meesage), it is the first time it happened to them.

We all know here that one person's experience will not be
be the same for the next person. We all try to leverage of each others experiences for our own use. My two cents only. I am not advvising teluguone what he needs to do but rather providing my friends parents experience so that they can make an informed decision. I am not a lawyer nor I intend to be one.
Thanks both of you.
 
Thanks for the clarification. :)


simidude said:
There is no where in the Immigration Law that it requires DNA tests.
My friend was asked to go for DNA test along with the parents as the Consulate did not like the birth certificates or were not convinced with the
child-parent relationship.

My friend also know some body
else who was also requested the same kind of evidence. I think ( no where it is written in the Immigration Law I can quote for you)
because of the rise in immigration fraud, the Consulate is requesting this kind of evidence.

I totally agree with you that oficer at the POE next time will not stamp No COS/EOS/AOS. The probability of that happening is slimmer than NOT happening. It is told by teluguone ( the person who posted the meesage), it is the first time it happened to them.

We all know here that one person's experience will not be
be the same for the next person. We all try to leverage of each others experiences for our own use. My two cents only. I am not advvising teluguone what he needs to do but rather providing my friends parents experience so that they can make an informed decision. I am not a lawyer nor I intend to be one.
Thanks both of you.
Click to expand...
 
I talked to the immigration officer this morning and she said that AOS application will be denied as the I-94 my parents have does not allow for Adjustment Of Status. She also said that the "No eos/cos/aos" condition cannot be removed. So the only option she suggested was file I-130 here and Consular processing in home country OR Leave US and try coming back again and if I-94 does not have any constraints file I-485 from US.
 
Please if you are filing for your parents you should at least read carefully ALL the information given and the forms before filing at the website of USCIS at www.uscis.gov

Lockbox is part of an address.
RFE is request for further evidence.

If you read all the information at www.uscis.gov and the forms you will understand many of what people are talking about in this forum, otherway you will feel pretty confuse and probably think that something is wrong when is not.
 
desigal said:
What does RFE mean?

I see on several threads "Lock box" being mentioned? Is this only in certain DOs? What does this mean and how is this different from regular processing? I feel completely blind-folded when it comes to applying for my parents.

I will be soon filing for my parents. I live in NJ. Should I find out if there's a lock box in NJ?
Click to expand...

USICS now requires all family based green card applications to be sent to the National Benefits Center (NBC) in Missouri which handles all these type of cases. The applications have to be sent to a P.O box in chicago which USCIS calls the "Lock Box". There is only one lock box in the whole of the US.
 
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
 
You should have started your own thread.

No EOS or COS means that you could not extend your stay or apply to change to another status (for example student) during that entry. It does not prohibit you from attempting to enter again.

Note though, entry into the US is not automatic. Do not appear to abuse the priviledge of your visa.
 
brus843 said:
SHALL I change my passport ?
Click to expand...
Changing your passport won't work. They would have made a note of the "No EOS/COS" in their computer.

However, the "No EOS/COS" only applied to that particular trip. If they don't write it the next time, you can apply to change or extend status.
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 )?
Click to expand...
No EOS/COS doesn't stop you from visiting again. It only blocked you from changing or extending status on the particular trip when they wrote that. However, the fact that the wrote it means they have heightened suspicion of you, which could lead to being refused entry next time. The other problem is the US doesn't like visitors to stay for more than a total of 6 months in a 12-month period, so now that you have done 6 months they probably won't let you in again until you stay outside the US for another 6-12 months.
 
Concerned4us said:
No EOS or COS means that you could not extend your stay or apply to change to another status (for example student) during that entry.
Click to expand...

Does anyone know if there's any legal basis for this? A CBP officer can write whatever he wants on an I-94, and unless there's a legal/regulatory basis for it USCIS is under no obligation to pay any attention to it.
 
Concerned4us said:
You should have started your own thread.

No EOS or COS means that you could not extend your stay or apply to change to another status (for example student) during that entry. It does not prohibit you from attempting to enter again.

Note though, entry into the US is not automatic. Do not appear to abuse the priviledge of your visa.
Click to expand...


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
 
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