I485 denial for parrents

[den09 0]

So if all situations are against their favour, I dont understand what miracle an attorney would be able to do to have decision in favour? Also, by closing their file and not filing motion/appeal, are there any chance of applying back in the country in future? It is tough there also.

[emt103c 10]

You should consult an attorney because we ARE NOT experts and could have missed something that an attorney can help fix. The caselaw that allows a spouse to AOS even in obvious cases of immigration fraud like this specifically shuts out other relatives HOWEVER, I am not sure that it will shut out parents completely because they are usually considered immediate relatives. You need a GOOD attorney who is very experienced with this particular piece of caselaw to help you *in case* it can be fixed. I recently read an attorney's answer to an IR1 question of this nature who would probably be helpful in your case.

Lizz Cannon, out of Boston. . . immigration law is federal and it is VERY easy to work with an attorney who isn't necessarily in your city. She does a free consult, you could try that. . .

let us know what happens. . .good luck.

[Dakine 26]

If it was that easy for parents to come to the US on a tourist visa and adjust status our country would be overrun with old foreigners who can't speak English and end up on welfare.

Looks like the best thing for the OP is to send his parents home, wait until he has USC and then petition them.

Main problem is the last immigration reform bill that was defeated knocked out naturalized citizens from petitioning parents.

Who knows what will happen with the next one.

To me people that can't support themselves shouldn't be allowed to immigrate to the US.

Time to get rid of cosponsors.

Only takes a few years for immigrants to be eligible for welfare.

We already have enough natural born losers working the system.

Just my 2+ cents

[Darnell 8,478]

So if all situations are against their favour, I dont understand what miracle an attorney would be able to do to have decision in favour? Also, by closing their file and not filing motion/appeal, are there any chance of applying back in the country in future? It is tough there also.

Specifically for my prior answer -

As is, I think your parents will be hit with misrepresentation, and deportation hearing started.

An attorney MIGHT be able to negotiate the charge of misrepresentation, down to something else, or have it successfully thrown out, if he can prove up family pressure and ignorance.

Then, there is the ban on future tourist visas for your parents. Using the same arguments, an attorney MIGHT be able to negotiate to NOT have a future ban placed on your parents.

But - you won't know, until you engage with an attorney and that attorney gives it a try.

I used the word MAYBE, here, twice, as there is no hard and fast 'rule' - it's up to ICE and the judge presiding over the deportation hearing.

But hey - remember - I'm not a lawyer, this advice is free. I'm under no legal obligation to be right or wrong, either. It's your parents, YOU must deal with this situation as you best see fit.

Good Luck !

[sachinky 465]

I'm sorry but I have a hard time believing that your parents arrived on a tourist visa and you were unaware/ignorant of the AOS procedures/forms and YET you were able to get ALL the numerous required documents assembled in 20 freakin' days without any prior intent.

Having said that, I hope it works out for you and your parents. Keep us posted. Maybe a lawyer will be able to help.

[den09 0]

So if all situations are against their favour, I dont understand what miracle an attorney would be able to do to have decision in favour? Also, by closing their file and not filing motion/appeal, are there any chance of applying back in the country in future? It is tough there also.

Specifically for my prior answer -

As is, I think your parents will be hit with misrepresentation, and deportation hearing started.

An attorney MIGHT be able to negotiate the charge of misrepresentation, down to something else, or have it successfully thrown out, if he can prove up family pressure and ignorance.

Then, there is the ban on future tourist visas for your parents. Using the same arguments, an attorney MIGHT be able to negotiate to NOT have a future ban placed on your parents.

But - you won't know, until you engage with an attorney and that attorney gives it a try.

I used the word MAYBE, here, twice, as there is no hard and fast 'rule' - it's up to ICE and the judge presiding over the deportation hearing.

But hey - remember - I'm not a lawyer, this advice is free. I'm under no legal obligation to be right or wrong, either. It's your parents, YOU must deal with this situation as you best see fit.

Good Luck !

Thanks,

In this case, 290-B motion to reopen or reconsider case can be filed or not if the denial notice does not say anything?

[TracyTN 237]

So if all situations are against their favour, I dont understand what miracle an attorney would be able to do to have decision in favour? Also, by closing their file and not filing motion/appeal, are there any chance of applying back in the country in future? It is tough there also.

Specifically for my prior answer -

As is, I think your parents will be hit with misrepresentation, and deportation hearing started.

An attorney MIGHT be able to negotiate the charge of misrepresentation, down to something else, or have it successfully thrown out, if he can prove up family pressure and ignorance.

Then, there is the ban on future tourist visas for your parents. Using the same arguments, an attorney MIGHT be able to negotiate to NOT have a future ban placed on your parents.

But - you won't know, until you engage with an attorney and that attorney gives it a try.

I used the word MAYBE, here, twice, as there is no hard and fast 'rule' - it's up to ICE and the judge presiding over the deportation hearing.

But hey - remember - I'm not a lawyer, this advice is free. I'm under no legal obligation to be right or wrong, either. It's your parents, YOU must deal with this situation as you best see fit.

Good Luck !

Thanks,

In this case, 290-B motion to reopen or reconsider case can be filed or not if the denial notice does not say anything?

ONCE AGAIN, you need an attorney to answer such questions. All anyone here can give you is a best guess - are you really sure you want to leave their future to our best guesses?

[Boiler 45,403]

I am not sure on what basis you could reopen the case.

But we are well into Lawyer territory.

[emt103c 10]

Seriously, get a lawyer.

[sachinky 465]

I would not leave the future of my elderly parent's hanging on a few educated, well-meaning guesses.

Get a lawyer. Although I'm not sure on what basis you'd appeal for the case to be reopened.