Legal Question in Immigration Law in New York

denial adjustment of status for my mother a

I am american citizen I applied for my mom 23 days after she enter legally the country. During the interview for adjustment of status the officer asked her if she entered the country intending to stay. she said yes, because her daughter wants her to be toghether. The officer did not stamped her passport. Iam the only child and my mom is 74 years old. I am afraid that she will be denied.

What do you think?

What will be the next best step, if she gets denied? Is it better to go in front of judge or send her back to her country and apply from there again?


Asked on 3/27/09, 1:07 pm

3 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: denial adjustment of status for my mother a

Yes, you can appeal but it will be difficult because of your mother's admission to the immigration officer.

Patricia Martin-Gibbons

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Answered on 3/30/09, 11:31 am
Rachel Baskin Rachel Baskin, Attorney at Law

Re: denial adjustment of status for my mother a

First, how did you mother enter the US, with a visa or using the visa waiver program? This is an important fact, because if she entered with the visa waiver program, she may not be eligible to appear before a judge.

When you appeared at the interview, did the officer ask you for any additional information? Did he/she ask you to file for a waiver? Did he/she give you any document to show that you appeared for the interview and that they are reviewing your mother's application?

You should consider speaking with an immigration attorney who will be able to provide you with guidance regarding what could happen with your mother's application and how you should proceed at this point.

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Answered on 3/28/09, 1:33 pm
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Re: denial adjustment of status for my mother a

Your mother has an issue with lack of bona fide nonimmigrant intent, which may be a reason for denial of adjustment of status. However, it is recommended to consult with immigration attorney to evaluate details of your case and arguments for motion to reconsider etc.

If you have additional questions please contact us.

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Answered on 3/27/09, 1:32 pm


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