No EOS/AOS

[MDI5]

Hello,

My mom came on a 6 month visitor visa and left end of March. She came back again now in Aug. She said she will stay for 1 month and the immigration officer gave 1 month.....then mom asked if she could give more, the officer asked if she lied abt 1 month stay and put "No EOS, No AOS"......

What's the best way to do? Can she leave the country now a few weeks early and re enter after few days?

After how long can she renter again? Or Can I apply GC right away

[peace999]

Why is she trying to use the visitor visa to stay long periods. If she leaves now and returns in
less than 6 months, they will not admit her.

Are you a US citizen? Then just file her I-130.

Also during this visit, she cannot adjust status to GC so she will have to leave . And the best thing is for her to wait for her immigrant visa at home rather
than adjusting status from visitor to green card on future visits.

[MDI5]

Thanks peace. I am an US citizen.

She will now have to leave in 1 month, so can i file 1-130 now itself and let that process go on OR i have to wait until she leaves to even submit the GC application?

If i have to only send her GC appn after she leaves, can i still do it right after she leaves or i have to wait for 5-6 months after she left? Thanks.

[peace999]

Filing an I-130 ( immigrant petition for a relative) You can even do it right now. But I would suggest you file right after she leaves because I-130 asks
if the relative is in US or not and her visa number etc. Just give her permanent India address in the I-130 where her immigrant visa processing will be done.

GO to USCIS.gov and read
about filing I-130 and download the form.

[mqureshi52]

Re: Parents

Remember for parents over stay can be waived and they can adjust their status to GC here in the US. If your mom wants to stay here for good then just go ahead and submit her Form I-130 and I-485 concurrently.

She will get her GC within 6 months.

[peace999]

mqureshi52

remember she has been stamped NO AOS. I know immediate relatives of US citizens can change to green card even if out of status . But there is always a risk,
especially when we do not know the implications with a NO AOS stamp.
So, the safest route is to go for the immigrant visa at home.