AF User

Hi all,


I'm a US citizen. I wanted to file PR for my mom.

Recently my mom's recent entry to US I-94 card (on B2 visa - multiple 10
years) was marked with
'No COS/No EOS'.

Even she DID NOT overstayed and made sure she leaves the US before the
deadline is met every time, the
point of entry officer said that she has stayed longer in US than outside US
for the past 12 monnths
and questions her intent.

The longest time she stay with an approved B2-extension is 8 months, she
left the country for 30 days and come back, hence the
officer immediately questions her intent because she would like to stay with
us for another 6 months and during this time, I would like to file for her
PR but she did not tell him of this at the point of entry.

My questions are:

a) Can I file for her I-130 now (with I-94 still valid for 175 days)?

b) Should I file for the I-485 later (with approved I-130) with AOS in US or
outside US (consulate)?

c) Is AOS consultate processing usually faster or slower than inside US?
Her's country of origin is Malaysia.

d) Are there any process for her to remain the US while her I-485 being
processed?

Thank you.

meauxna

It sounds as if the officer understood her/your intentions perfectly. Mom wants to immigrate to the US and she must not do that on a non-immigrant visa (her B visa).
Now, she may NOT at all. The marking on her I-94 means 'no change of status, no extention of status'.

That she did not overstay makes no difference. She spent more time in the US than in her own home. She is fortunate that the officer let her back in--he could have sent her back home.

a) You can file an I-130 for her anytime you like. I-130s are taking about 6-9 months for approval.

b) Mother is forbidden from filing the I-485 on this visit. That is what the 'no COS' means.
When the I-130 is approved, it will be sent to the National Visa Center and then on to her home consulate for the visa application and interview.

c) There is no such thing as 'AOS Consulate'. When the application goes to the Consulate, it is for an Immigrant Visa. A person who enters the US with an Immigrant Visa becomes a Permanent Resident (Green Card) immediately. Which path is faster is a moot (empty) point--Mother may NOT file for AOS now.

d) Mother is not going to have an I-485 and she is permitted to stay in the US only as long as her I-94 says. The notation on it says that she may not change her status to anything else or extend her visit. If she is going to immigrate, it is very important that she stick to these rules or she may be barred from getting her green card or even visiting again in the future.
She can only stay as long as the date on the I-94. Given the length of time it takes for an Immigrant Visa, she will spend some of that time outside the US.

If you are going to help your mom immigrate to the US, and the terms I've used are unfamiliar to you, I encourage you to get help from a professional.. either an immigration lawyer or a charity immigrant assistance group. If you make an error with your application, it can take years to sort out.

AF User

Meauxna,

Thanks for the reply. You are right. I was confused of the AOS term
initially. Now I understand. It is either AOS or CP (Consulate Processing).

From my understanding, I thought "No COS" means "No Change of Status" for
"Non-Immigrant status" to another "Non-Immigrant" status.

For AOS (Adjustment of Status) is for "Non-Immigrant status" to "Immigrant
tatus".
Since there is no AOS marking on her I-94, does this apply to her?

On the other hand. I guess if I-130 takes 6-9 months for approval, she could
be out of status upon the approval of the I-130 while waiting in US.

Say.. once the I-130 is approved. The next step should be AOS or CP.

In this case, her probable choice is CP (if AOS is not possible since her
I-94 tagged with 'No COS/No EOS').

Does anyone know what are typical times for CP (another 90-120 days)?
The US consulate is in Kuala Lumpur, Malaysia. I know there are very few
people immigrate from that country.


"meauxna" <> wrote in message
news:196$110648$778167$...
>
>> Hi all,
>>
>>
>> I'm a US citizen. I wanted to file PR for my mom.
>>
>> Recently my mom's recent entry to US I-94 card (on B2 visa - multiple
>> 10
>> years) was marked with
>> 'No COS/No EOS'.
>>
>> Even she DID NOT overstayed and made sure she leaves the US before
>> the
>> deadline is met every time, the
>> point of entry officer said that she has stayed longer in US than
>> outside US
>> for the past 12 monnths
>> and questions her intent.
>>
>> The longest time she stay with an approved B2-extension is 8 months,
>> she
>> left the country for 30 days and come back, hence the
>> officer immediately questions her intent because she would like to
>> stay with
>> us for another 6 months and during this time, I would like to file for
>> her
>> PR but she did not tell him of this at the point of entry.
>>
>> My questions are:
>>
>> a) Can I file for her I-130 now (with I-94 still valid for 175 days)?
>>
>> b) Should I file for the I-485 later (with approved I-130) with AOS in
>> US or
>> outside US (consulate)?
>>
>> c) Is AOS consultate processing usually faster or slower than inside
>> US?
>> Her's country of origin is Malaysia.
>>
>> d) Are there any process for her to remain the US while her I-485
>> being
>> processed?
>>
>> Thank you.
>
> It sounds as if the officer understood her/your intentions perfectly.
> Mom wants to immigrate to the US and she must not do that on a non-
> immigrant visa (her B visa).
> Now, she may NOT at all. The marking on her I-94 means 'no change of
> status, no extention of status'.
>
> That she did not overstay makes no difference. She spent more time in
> the US than in her own home. She is fortunate that the officer let her
> back in--he could have sent her back home.
>
> a) You can file an I-130 for her anytime you like. I-130s are taking
> about 6-9 months for approval.
>
> b) Mother is forbidden from filing the I-485 on this visit. That is what
> the 'no COS' means.
> When the I-130 is approved, it will be sent to the National Visa
> Center and then on to her home consulate for the visa application and
> interview.
>
> c) There is no such thing as 'AOS Consulate'. When the application goes
> to the Consulate, it is for an Immigrant Visa. A person who enters the
> US with an Immigrant Visa becomes a Permanent Resident (Green Card)
> immediately. Which path is faster is a moot (empty) point--Mother may
> NOT file for AOS now.
>
> c) Mother is not going to have an I-485 and she is permitted to stay in
> the US only as long as her I-94 says. The notation on it says that
> she may not change her status to anything else or extend her visit.
> If she is going to immigrate, it is very important that she stick to
> these rules or she may be barred from getting her green card or even
> visiting again in the future.
> She can only stay as long as the date on the I-94. Given the length
> of time it takes for an Immigrant Visa, she will spend some of that
> time outside the US.
>
> If you are going to help your mom immigrate to the US, and the terms
> I've used are unfamiliar to you, I encourage you to get help from a
> professional.. either an immigration lawyer or a charity immigrant
> assistance group. If you make an error with your application, it can
> take years to sort out.
>
> --
>

meauxna

You're right that COS normally has the meaning you write, however, I have always heard that it applies equally to AOS--you should, as always, consult a lawyer to go over the fine points of your case before you file anything.

Things change quickly in processing times (or don't change at all. no telling). It's a safe bet that an immigrant visa for an immediate relative takes about a year. Please see this link for the National Visa Center at travel.state.gov to learn more about the Consular processing route: National Visa Center