Humanitarian visa (parole) and AOS

[JimVaPhuong 4,863]

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

No, I'm saying the opposite. Adjustment of status is possible for someone admitted OR paroled into the US. Section 212(d)(5) is stating that being paroled is not the same as being admitted - you can't be admitted if you have an inadmissibility (e.g., you've been banned for an overstay or deportation), but you CAN be paroled for humanitarian reasons or for reasons that are in the interest of the United States. Section 245a covers adjustment of status, and that section allows AOS for someone admitted OR paroled into the US.

This is specifically why I asked about previous negative experiences with US immigration. Someone who is inadmissible, for whatever reason, would not have been able to get a visa to be admitted to the US, but they may be able to be paroled into the US for humanitarian reasons. An inadmissibility that prevents them from getting a visa would also prevent them from adjusting status. If the only reason they applied for humanitarian parole was because the situation was urgent, and they don't have any inadmissibilities, then they should be able to adjust status as an immediate relative of a US citizen.

[malego77 2]

I called uscis customer service and according to who helped me they afecta elegible for AOS. I hope they won't change their mind once we fill the applications.

Edited March 16, 2011 by malego77

[JimVaPhuong 4,863]

I called uscis customer service and according to who helped me they afecta elegible for AOS. I hope they won't change their mind once we fill the applications.

USCIS customer service reps are notorious for giving out bad information. It would be unreasonable to expect a customer service rep to understand immigration law. They simply don't pay them enough to be that educated. If you have any doubts then either get a tier 2 representative on the line (an actual immigration officer), or consult with an immigration attorney.

[malego77 2]

Just in case somebody is on the same boat, I called USCIS and the lady that helped me said it is possible to adjust status. I hope immigration wont change its mind once we filled for AOS.

Edited March 23, 2011 by malego77

[Harpa Timsah 13,258]

I wouldn't put ANY trust in what a person on the phone told you. They are not versed in immigration law at all, but rather are just call center people who read from a script. They often give out misinformation which can be damaging and harmful when people trust it.

[Myopia 93]

I wouldn't put ANY trust in what a person on the phone told you. They are not versed in immigration law at all, but rather are just call center people who read from a script. They often give out misinformation which can be damaging and harmful when people trust it.

Yea I agree with you. They told me that my sons needed a green card when they had a claim to citizenship through their father. "You need a greencard before you can be a citizen". Talk about misinformation.

[malego77 2]

Yeah, you all are right, That's the sad truth:-(