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I130/485 with no COS/EOS/AOS stamping
Hi,
My mom has a 10 year visitors visa to the US. She stayed with me for 10 months on her prior visit to the US as I was going through a tough family situation. When she came back to visit me (with a gap of about 5 months after her prior departure), at the port of entry, the immigration officer wrote No COS/EOS/AOS on her I-94 and passport where the entry seal is made. She was given a six month stay this time.
I am a US citizen and I am currently going through a very tough family situation. I would like to process the Green Card for my mom.
When I called the Customer Service Number of USCIS, they said that I can still apply for her AOS as long she has a valid visa and entered the country on a valid visa. I spoke with an immigration attorney who said that if I wait for about 90 days after her entry, I could file concurrently.
1. Could the experts on this forum help me out with the risk level of doing an AOS for the parent of a US citizen with the no COS/EOS/AOS stamping.
2. What are the risks if her I-485 is rejected?
3. Also what is the timeframe for Consular Processing - Chennai consulate ( from the time of filing I130 till she gets the green card) (For consular processing, I was told to file the I-130 without any delay like waiting the 90 days)
4. Could I file concurrently after waiting for 90 days of her entry on a B2 or can I file I-130 separately and then after 90 days file the I-485? Would I be able to file the I-130 separately with Consular Processing listed on it and then change (if needed to AOS)? Is this adviceable and would it cause any delays or would I be better off waiting for 90 days and filing concurrently? If filing separately, what documents(like I864, 325 etc) need to be filed with I-130 and what needs to be filed with I485 application?
5. If I am not decided to proceed the consular processing route or AOS, could I leave it blank in the I-130?
6. Also, my mom does not have a birth certificate. I understand we need to get a non availability certificate. Is it mandatory or would a secondary evidence like a school leaving cert and one or two affidavits be enough?
7. My birth certificate has my mom's name listed but has a spelling error on the certificate for my mom's name. Should I write a separate letter to explain it?
8. Lastly, would I be able to process the petition of my own or would I be better off having an attorney do it?
Thanks for taking the time to help me out with my situation.
My mom has a 10 year visitors visa to the US. She stayed with me for 10 months on her prior visit to the US as I was going through a tough family situation. When she came back to visit me (with a gap of about 5 months after her prior departure), at the port of entry, the immigration officer wrote No COS/EOS/AOS on her I-94 and passport where the entry seal is made. She was given a six month stay this time.
I am a US citizen and I am currently going through a very tough family situation. I would like to process the Green Card for my mom.
When I called the Customer Service Number of USCIS, they said that I can still apply for her AOS as long she has a valid visa and entered the country on a valid visa. I spoke with an immigration attorney who said that if I wait for about 90 days after her entry, I could file concurrently.
1. Could the experts on this forum help me out with the risk level of doing an AOS for the parent of a US citizen with the no COS/EOS/AOS stamping.
2. What are the risks if her I-485 is rejected?
3. Also what is the timeframe for Consular Processing - Chennai consulate ( from the time of filing I130 till she gets the green card) (For consular processing, I was told to file the I-130 without any delay like waiting the 90 days)
4. Could I file concurrently after waiting for 90 days of her entry on a B2 or can I file I-130 separately and then after 90 days file the I-485? Would I be able to file the I-130 separately with Consular Processing listed on it and then change (if needed to AOS)? Is this adviceable and would it cause any delays or would I be better off waiting for 90 days and filing concurrently? If filing separately, what documents(like I864, 325 etc) need to be filed with I-130 and what needs to be filed with I485 application?
5. If I am not decided to proceed the consular processing route or AOS, could I leave it blank in the I-130?
6. Also, my mom does not have a birth certificate. I understand we need to get a non availability certificate. Is it mandatory or would a secondary evidence like a school leaving cert and one or two affidavits be enough?
7. My birth certificate has my mom's name listed but has a spelling error on the certificate for my mom's name. Should I write a separate letter to explain it?
8. Lastly, would I be able to process the petition of my own or would I be better off having an attorney do it?
Thanks for taking the time to help me out with my situation.
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