NO EOS/COS/AOS on I-94

[teluguone]

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. They want to file their PR(I-485) now. Can they still apply it here?

I have talked to the Immigration Officer and he said "It is your call whether to file it or not. I do not know whether it will be approved or denied". So as usual, no help from them.

Their I-94 expires in the first week of March, 2006.

The question is if they file for their PR now and it gets denied after 8 months, would they be considered as overstayed?

Will they fall into the status of illegally stayed for more than 180 days and will they be barred from coming into US for 10 years?

-T1

[immihelp]

If their immigration petition/I-485 is denied, they would be out of status from the date of denial and not from the date of application.