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No Aos/Cos/Eos ?

Discussion in 'Adjustment of status' started by themaverick, May 3, 2009.

  1. themaverick

    themaverick Junior Member

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    If you have that stamped on u your i94 can you still apply fro Adjustment of Status ? Will it automatically be denied ?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: No Aos/Cos/Eos ?

    There are a couple of things that you need to understand. First, those notations are made by Customs and Border Protection officials, not CIS personnel. Second, for years the former INS instructed it's port of entry personnel not to make those kinds of notations on I-94 forms and for adjudicators to ignore them if they saw them. Nothing has changed.
     
  3. themaverick

    themaverick Junior Member

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    Re: No Aos/Cos/Eos ?

    Thanks a lot Ron
     
  4. hemal112

    hemal112 Junior Member

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    Re: No Aos/Cos/Eos ?

    Hello Ron,

    I am a naturalized citizen. My mother has 10 year multiple entry visa. CBP put No AOS/EOS/COS stamp on her I-94 when she came to USA today with 2 month expiration visa.

    I want to file her green card from USA.

    Could you please advise following?

    1) Is she eligible to file I-130/I-485 from USA?

    2) Is it advisable to go back to India and choose Consular Processing option?

    3) What is your legal fee for the whole process? I want to file I-130/I-485/Advance Parole. I'm not interested in EAD.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: No Aos/Cos/Eos ?

    If you are a US citizen, she is your mother, and she entered the US lawfully, then she is eligible to apply for adjustment of status. That CBP notation is meaningless. In this case, is it much faster to do AOS. If you want us to handle it, our flat fee is $1,500 in attorney's fees (not including govt. filing fees). That is all inclusive. That is, as with all of our flat fees, it includes all requires responses to CIS inquiries such as RFEs as well as unlimited phone and e-mail contact. Since the $1,010 AOS filing fee includes an EAD, whether you want one or not, and we don't charge extra for filing it, I recommend that you get her an EAD. It makes an excellent federal photo ID while she is waiting for her green card.
     
  6. hemal112

    hemal112 Junior Member

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    Re: No Aos/Cos/Eos ?

    Hi Ron,

    thanks a lot for quick reply. i'm waiting for her birth certificate to be mailed here which should be available to us in next few days. I can honestly attest that she has entered USA legally and i am US citizen.

    I just want to ask the success rate in such situation which you may have came across in past. Is there any significant risk involved in such situation? I myself went through extremely painful employment based green card process and want to make sure that her green card process go smoothly.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: No Aos/Cos/Eos ?

    The success rate for cases like this should be 100%, unless there is something else in the case that you haven't mentioned. By something else, I mean something serious. I've never known of a US citizen parent adjustment being denied because of a notation like that.
     
  8. hemal112

    hemal112 Junior Member

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    Re: No Aos/Cos/Eos ?

    Thanks a lot for quick reply.

    I'm currently assembling all the docs. I'm waiting for Birth Certificate to be mailed from India.

    I've few more questions.

    She has School Leaving Certificate which states her maiden first and last name, birth date and school. Before she came to USA, she got Court Affidavit regarding the name change after marriage. Her passport has the changed name (after marriage). Plus, i plan to get Birth Affidavits done here from our family relatives (mother's brother and sister in law who are US citizens). She has a copy of "Personal Account Number" (used for filing income tax) which is similar to SSN here. Copy of PAN document has her photo, name and birth date. Are these documents enough to prove her birth date for filing I-130/I-485? Or you recommend the birth certificate.

    I'm located in NJ. If there is personal interview for her case and require attorney to be present, would you or someone from your firm come over to NJ?
     
  9. hemal112

    hemal112 Junior Member

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    Re: No Aos/Cos/Eos ?

    hi ron,

    further clarification. her birth was not registered and she has certificate from municipality saying the same in indian language. i'm getting the english translation for the same. before she came to usa, she hired a lawyer in india to get birth certificate via court. The school principal agreed to issue statement in the court/judge that my mother was student at the school and request the court/judge to issue her birth certificate on that basis. i spoke to my cousin who is trying to help me. he said the court/judge are on vacation until june 24th.

    Indian consulate in New York also issues birth certificate (at least they claim it) based on indian passport. Will this be useful?

    http://www.indiacgny.org/php/showContent.php?linkid=202
    http://www.indiacgny.org/documents/1078419149_content.pdf
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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  11. hemal112

    hemal112 Junior Member

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    Re: No Aos/Cos/Eos ?

    yes. it's a municipal statement stating unavailability of birth registration/record.
     
  12. hemal112

    hemal112 Junior Member

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    Re: No Aos/Cos/Eos ?

    hi ron,

    how would the payment terms for legal fee work?

    i'll get her medical exam done and birth affidavits done tomorrow. all remaining required docs are ready.

    i've received birth non-registration certificate and authority misspelled her first name and has extra t in first name. municipality folks over there are very poor english writers. for example... cert is spelled as catthy instead of real name cathy. should i clarify this in birth affidavits? or we need to get the new one.

    should i send other important information for filling uscis forms via email or other electronic format to your office?
     
  13. anitazech

    anitazech Junior Member

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    Re: No Aos/Cos/Eos ?

    Hi,
    I am faced with the same situation. In my case my mom has only one month. How did it go? Kindly let me know. Is it advisable to file for I-130 and I-485

    Thanks,
     
  14. hemal112

    hemal112 Junior Member

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    Re: No Aos/Cos/Eos ?

    Please consult Law offices of Ron Gotcher. Each case is unique and i can't answer your question as i don't know full details/complications.

    Ron's firm is representing my mother's case and her i-130/485 was filed this week.
     
  15. hemal112

    hemal112 Junior Member

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    Re: No Aos/Cos/Eos ?


    Bumping up this old thread.... We hired Ron's firm to represent my mother's case. She was called for i-485 interview. I went with my mother for interview today. It was short and went well. Very basic questions. IO asked for original birth certificates and asked several yes/no questions from I-485. She was given approval letter at the time of the interview.

    I just received Card Production ordered email from USCIS.

    I highly recommend Ron's firm if you are in similar situation.
     
  16. Catface

    Catface New Member

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    Hi,
    I have a B1/B2 10 year multiple entry visa. I am a Canadian resident with a Pakistani passport. I have business both in Pakistan and in Canada. In January I partnered up with an American incubator to launch a health startup in the USA. I am NOT an employee of my start up but I do hold shares and am the face of the company as it is my brainchild. I have had to spend a lot of time in the US to get things moving. I have been here since January and have travelled 4 times between Canada and Pakistan and the US. I went to visit my family in Pakistan 4 weeks ago. The ticket was issued in America as this was a sudden unplanned visit and the return trip was into America. The immigration officer wanted to see my return flight out of America but due to the internet unavailability I could not show it to her. She wrote NO COS/EOS and told me I need to leave America and go to Canada before the 21st of September. She told me never to return to America without a return ticket to show that I am not living here. I have no intent to overstay/ change my status. I am only here to launch my business and leave. I also don't intend on working in the country. My question is:
    I have a PR tour for raising money for this company between September and December and my schedule is packed. I am planning to go visit my family anyway for two weeks now August 17th-August 25th. Will I be able to get back into the country? What kind of documentation should i bring in? I have no intent of changing statuses or anything and just want to come back in, get my business funded and running and leave. I did high school and college in the USA on a student visa so this is not my first US visa). This has never happened to me in the 10 years I have been travelling. I feel helpless as I have a lot at stake and a lot of people depending on me to raise money of the company ! HELP
     

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