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Hi,

My parents are on a 3 month B2 visa until end of Sep. They received a No EOS/COS stamp on their i-94 at POE.

As an US citizen, I would like to apply for their GC and file 130/485 concurrently. I have a couple of questions:

1) Are there any issues with applying for GC with No EOS/COS stamp on their i-94? I heard it is OK as long there is no AOS. Is that right? Can our application be rejected?

2) Even though I am filing GC for an immediate relative, the process could take time. What happens if the GC is not approved and their i-94 expires? I understand we cannot extend their visa as they have No EOS on their i-94. Is an extension needed? Are we ok if we filed the 130/485 concurrently?

Thanks

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Originally posted by melmas26:

Hi,

My parents are on a 3 month B2 visa until end of Sep. They received a No EOS/COS stamp on their i-94 at POE.

As an US citizen, I would like to apply for their GC and file 130/485 concurrently. I have a couple of questions:

1) Are there any issues with applying for GC with No EOS/COS stamp on their i-94? I heard it is OK as long there is no AOS. Is that right? Can our application be rejected?

There will be issues.

The officer obviously suspected something like this to happen.

The issue is immigration fraud. They declared that they were non-immigrants who are going to return to their home in their home country. If an I-130 is filed for them, that means they lied at the POE. The I-130 would likely be denied.

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IO at the border suspected your parents would do exactly what you propose. Why do they not go home and file for CP? They need to finish their affairs so they can move to the US to live (or is this just a way to avoid have to get visit visas?). People like you are why parents of USCs have trouble getting visit visas. Given that they received 3 months, they will be assumed to have immigration intent when they entered.

You are now a USC; you should be abiding by US laws - not just the ones that you find convenient. If you did not intend to do so, you should have remained in your home country where other USCs do not care what you do.

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