Questioned at POE- CBP said No AOS

[MrsB2012 10]

I've been searching on here for a thread to confirm what I believe to be correct, but would like to get some feedback.

My co-worker's fiance has been coming to visit her on a B-2 visa (actually from a VWP country) and staying for very long visits then returning home and then coming back again. He's basically been living in the US and CBP seems to have caught onto this. During his last entry to the US in January, he was taken aside and grilled with questions by CBP (to be honest, I'm surprised they allowed him entry). At the end of the interrogation, he was told that they've flagged him and he can't adjust status. They did not stamp is passport or write anywhere "NO AOS".

I have advised my co-worker that I think it would be in their best interest to get married and start the process for a spousal visa instead of trying to adjust status. If her fiance applies for AOS, can USCIS deny him based on CBP stating No AOS in their system? I've been getting conflicting information...

Thanks for your thoughts...

[Cathi 5,783]

CPB is under no obligation to "stamp" anything in his passport. It has been noted in the system that he cannot AOS. If he attempts AOS he will be denied, there is NO appeal or waiver for this type of denial.

seems kind of strange that all of a sudden he wants to AOS

[jerni 24]

During the secondary questioning I bet they asked him why he was traveling, he must have said something along the lines of him not planning to stay and marry. To prevent him from changing his mind they've obviously but a no AOS flag in their system (IBIS)

He'd probably have to submit a FOIR to find out exactly what was entered.

[belinda63 3,041]

They saw he was living in the US as a visitor and probably made it clear he would not be permitted to continue this. To prevent him from suddenly deciding to AOS so he could continue to live here they blocked that option also. Now he will have to return home and wait a while before returning to the us or file the I-130 and wait for its approval.

[Hypnos 6,578]

CPB is under no obligation to "stamp" anything in his passport. It has been noted in the system that he cannot AOS. If he attempts AOS he will be denied, there is NO appeal or waiver for this type of denial.

You are mistaken, as are most posters on this thread. CBP have no authority - zero, zip, nada - to prevent someone from filing for AoS. There have been documented cases here where a CBP officer has written "no AoS" in someone's passport, and then they successfully AoS'd after that.

If someone entered the country legally, they are eligible to file for AoS. Should they in this case? No idea, but they were de facto living in the US on a tourist visa, which CBP eventually caught onto; I'm surprised they permitted them entry on this occasion, but for whatever reason they did.

Bottom line: CBP cannot prevent you or flag you from being able to AoS.

[jerni 24]

Perhaps not directly but if they noted in his admission record that he stated he did not plan to stay and marry (i.e. AOS) then surely if the person was to apply for AOS, misrepresentation could become a problem?

[Hypnos 6,578]

Circumstances can change; they may not have wished to file for AoS before, and may wish to now, or maybe they still don't. CBP had the opportunity to deny him entry and chose not to do so; their role in this is now ended.

[mrjack 9]

If I was going back and forth to visit my fiancé and I was told this was gonna be my last trip then I would marry her and stay. Seems pretty easy to overcome intention in this case.

[Teddy B 17,252]

You are mistaken, as are most posters on this thread. CBP have no authority - zero, zip, nada - to prevent someone from filing for AoS. There have been documented cases here where a CBP officer has written "no AoS" in someone's passport, and then they successfully AoS'd after that.

If someone entered the country legally, they are eligible to file for AoS. Should they in this case? No idea, but they were de facto living in the US on a tourist visa, which CBP eventually caught onto; I'm surprised they permitted them entry on this occasion, but for whatever reason they did.

Bottom line: CBP cannot prevent you or flag you from being able to AoS.

This is my understanding as well. CBP can stamp or write anything they want in your passport regarding AOS, but the fact remains that if they allow you entry to the US, you have satisfied any immigration intent issues. I believe the rest is but an intimidation tactic.

Perhaps not directly but if they noted in his admission record that he stated he did not plan to stay and marry (i.e. AOS) then surely if the person was to apply for AOS, misrepresentation could become a problem?

If they declared they did not have intent at the time of entry, I believe that would work in the person's favor, not against them.

[ValerieA 350]

Yeah, I'm one of those that the entry guard wrote "No COS/AOS" on my I-94 and I had no problem adjusting.