Humanitarian visa (parole) and AOS

[malego77 2]

Hi. If the immigrant entered with an humanitarian visa can s/he adjust status through family petition (married to US citizen). The petition will be filled for son and spouse if possible. Thx

[Audy_Rob 26]

Yes, this is done. Just so long as there are no suspicious circumstances that will make it look like the marriage is for AOS nor the visa was obtained for the marriage.

[malego77 2]

Yes, this is done. Just so long as there are no suspicious circumstances that will make it look like the marriage is for AOS nor the visa was obtained for the marriage.

Thx for reply. They were actually married at that time. I don't know if this will make things difficult.

[Harpa Timsah 13,258]

No, not necessarily. There was a story of someone from Mexico whose wife was given 1 week to visit US and who is otherwise inadmissible. That person cannot AOS. We need more information to be able to help you, but I am going to guess the person you speak of cannot AOS. Good luck to you.

[Penguin_ie 5,993]

Normally, no. There will often be conditions attached to the humanitarian parole/ visa, such as "cannot AOS", and/ or a conversation about this will be had at the border and entered into the computer system. But, as mentioned above, it depends... for example if you are talking about a refugee, they can usually AOS.

Edited March 11, 2011 by Penguin_ie

[malego77 2]

Thanks u all. As far as i know they don't have any restriction noted in the permit/visa. They came to see their mother-in-law who was very sick (cancer or so, I don't know if she survived or not). The permit expired a few yrs ago. Thanks again for any additional info

Edited March 11, 2011 by malego77

[Penguin_ie 5,993]

Need more info, but that fact that they are not current (ie overstayed their humanitarian parole for several years!) is not a good sign for approval...

- Why did they need a humanitarian parole (ie did they have a ban, or just no visa?)

- If they had a ban, what was it for?

- Can they proof they intended to go back (probably difficult, years later)?

- Why did they wait years to Adjust Status?

[JimVaPhuong 4,863]

Thanks u all. As far as i know they don't have any restriction noted in the permit/visa. They came to see their mother-in-law who was very sick (cancer or so, I don't know if she survived or not). The permit expired a few yrs ago. Thanks again for any additional info

Why, exactly, did they apply for humanitarian parole rather than obtaining a visa? Did they apply for a visa and get turned down? Did they have a previous overstay or deportation? Were they serving out a ban from the US? The details are critical to getting any useful advice.

[malego77 2]

Got it. They (wife and children) entered on 2000, they did not apply for previous visa, not baned, not illegal/legal stay/entrances before. They did not have time to apply for a regular visa or family petition coz of the emergency. The reason they came was coz the citizen's mother hadn't met the grandchildren and she wanted to do so before she died. The visa was granted for 1 month but afterwards they applied for an extension, they got 1more month and they decided to stay. They haven't applied for AOS coz money and ignorance (the citizen "thought" it wasn't totally necessary since the wife wasn't going to work or kind of...). What do u think?

[malego77 2]

The permits have this notation "PAROLED PURSUANT TO SEC.212a(5) OF THE 1 & N ACT" does anybody know how to read it? thank you again

[JimVaPhuong 4,863]

The permits have this notation "PAROLED PURSUANT TO SEC.212a(5) OF THE 1 & N ACT" does anybody know how to read it? thank you again

Are you sure about this? Section 212a(5) of the INA is about aliens entering to work in the US and who need a labor certification.

If they had never had a visa and never had any previous problems with US immigration then they should be able to adjust status through marriage to a US citizen. Many people get humanitarian parole because it's the only way they can get into the US, usually because they've had a previous overstay or deportation. People in that group cannot adjust status. Being paroled into the US for humanitarian reasons doesn't make the previous inadmissibility go away.

[malego77 2]

Are you sure about this? Section 212a(5) of the INA is about aliens entering to work in the US and who need a labor certification.

If they had never had a visa and never had any previous problems with US immigration then they should be able to adjust status through marriage to a US citizen. Many people get humanitarian parole because it's the only way they can get into the US, usually because they've had a previous overstay or deportation. People in that group cannot adjust status. Being paroled into the US for humanitarian reasons doesn't make the previous inadmissibility go away.

Sorry the letter is actually a d 212(d)5, it is actually weird. They said they have never applied for any kind of visa before... I've been searching on the web but there is not too much info. Thank u for your time.

[VanessaTony 3,567]

Sorry the letter is actually a d 212(d)5, it is actually weird. They said they have never applied for any kind of visa before... I've been searching on the web but there is not too much info. Thank u for your time.

Here:

212(d)(5)(A) The Attorney General may, except as provided in subparagraph (B) or in section 214(f), in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.

This reads to me that AOS is NOT possible.

**Edit - quoted from here: http://www.cavanaughlegal.com/us-immigration-laws/immigration-and-nationality-act-ina/212-ina-aliens-ineligible-for-admission-and-visas-waivers-of-inadmissibility/212d-temporary-admission-nonimmigrants/

Edited March 14, 2011 by Vanessa&Tony

[JimVaPhuong 4,863]

Here:

This reads to me that AOS is NOT possible.

**Edit - quoted from here: http://www.cavanaughlegal.com/us-immigration-laws/immigration-and-nationality-act-ina/212-ina-aliens-ineligible-for-admission-and-visas-waivers-of-inadmissibility/212d-temporary-admission-nonimmigrants/

Adjustment of status under 245(a) is available to someone who was admitted or paroled into the US.

[malego77 2]

Thank u jim. As u say according to the section AOS doesn't look possible. It's sad... so the section 245a is totally different right? I think it's better for me to tell them to have an infopass appointment so they can explain better directly to them the possibilities. Thank u once again for your time