TPS needs Advance Parole to be able to Adjust Status

[Bengalita 12]

Hi. I'm inquiring about a friend who has TPS. Here's his deal. He is from El Salvador. He entered the USA illegally in 1994 when he was 6. When he was 15, he was granted TPS. He is now 22, and still holds valid TPS status, and married to a US Citizen and has a baby.

If he applies for his Green Card through his US Citizen wife, he will need to go back to El Salvador. However, I heard that if he applies for Advance Parole, goes back to El Salvador for a small "vacation", and re-enters the USA legally, then he will be able to Adjust Status and obtain his Green Card here in the USA, as long as he files a I-601 waiver with this.

However, my dilema is this: Is there a law that says if he applies for Advance Parole during TPS, he must prove that he has an emergency reason to leave the USA? His mom has TPS and did go back to El Sal. on Advance Parole, because she had an ailing family member. But her son never did.

So, what do you think? Does he need to prove some sort of emergency when he applies for Advance Parole?

[Harpa Timsah 13,258]

Your plan won't work. Parole is NOT lawful admission and is not a status. The original EWI will still count as the method of entry.

[Bengalita 12]

Your plan won't work. Parole is NOT lawful admission and is not a status. The original EWI will still count as the method of entry.

I'm sorry but I don't agree with you. Advance Parole is a lawful admission. It will allow him to Adjust STatus in the USA, however, he will have to do it with I-601 because he DID enter illegally. His other choice is to avoid Advance Parole, which will mean he will have to return to El Salvador to get his residency, but he won't have to file a I-601 down there. It's an either/or situation.

[Deputy Purple 1,294]

I'm sorry but I don't agree with you. Advance Parole is a lawful admission. It will allow him to Adjust STatus in the USA, however, he will have to do it with I-601 because he DID enter illegally. His other choice is to avoid Advance Parole, which will mean he will have to return to El Salvador to get his residency, but he won't have to file a I-601 down there. It's an either/or situation.

There is a difference between being Paroled into the US and being admitted into the US. We usually hear about AP being used by K-1 entrants to return home prior to completion of their AOS (but after filing). When they use the AP it doesn't change their status of "Admitted on a K-1" so they are still bound to the restrictions of their original entry.

I would imagine it would work the same here, his original entry is still the one he derives status from (including TPS).

[ceadsearc 516]

It looks like there has been a case or two of us this working on immigrate2us, which is probably a better forum for this kind of issue. The OP should also consult a very skilled immigration attorney, IMO, before they go trying this because it sounds to me like a BIG chance their spouse will end up stuck in El Salvador.

As for the question about needing an emergency for AP, I would presume yes, based on the USCIS website which states that those with TPS are to maintain physical precense in the country but exceptions can be made at the district directors discretion.

[Bengalita 12]

What does OP and IMO mean? I agree. I did ask on Immigrate2us.net, and they have a plethora of knowledgeable people on there. I got some reasonable opinions. I just figured I'd ask on this forum just to get some opinions, but I agree, this definitely needs the consideration of a responsible and knowledgeable attorney. I'll see if I can suggest them one, but the one I have in mind is 2 hours away. It's worthwhile, though.

[ceadsearc 516]

OP is "original poster" and IMO is "in my opinion" - sorry!

Have you tried participating in one of Laurel Scott's chats?

[milimelo 4,481]

Moving to AOS from student, tourist, work visa.

[Anh map 2,098]

OP is "original poster" and IMO is "in my opinion" - sorry!

Have you tried participating in one of Laurel Scott's chats?

Laurel Scott could be an excellent resource. Google her.

[Bengalita 12]

OP is "original poster" and IMO is "in my opinion" - sorry!

Have you tried participating in one of Laurel Scott's chats?

Hi. Are you on IM2US, also? If you are, then you probably know who I am on IM2US, hehehee. I probably ask more questions than anyone on that website.

Laurel Scott's chats are great, I hear. The only thing is, I'm never available when they're happening. So, I get the short end of the stick. Plus, as annoyingly inquisitive as I am on that website, the last thing I need to be is addicted to her chats.......

[CC90 90]

While it's true that parole is not admission, parole is still valid entry for AOS. Look at the I-485 instructions: it states that an applicant must have been admitted OR paroled following inspection.

The Advance Parole is irrelevant; he will still need an I-601. An EWI is an inadmissibility. It was not erased when TPS was granted.

It may be worth checking if TPS counts as "parole-in-place" (PIP). Talk to a lawyer.

Edited December 13, 2011 by CC90

[Bengalita 12]

While it's true that parole is not admission, parole is still valid entry for AOS. Look at the I-485 instructions: it states that an applicant must have been admitted OR paroled following inspection.

The Advance Parole is irrelevant; he will still need an I-601. An EWI is an inadmissibility. It was not erased when TPS was granted.

It may be worth checking if TPS counts as "parole-in-place" (PIP). Talk to a lawyer.

I agree. A I-601 MUST be submitted if he Adjusts Status here in the USA. The fact that he entered EWI back in 1994 will never be erased and it must be pardoned with an I-601. I totally agree. I guess we're bouncing back and forth on this matter because they way it stands now, he has never applied for AP, thus he's never been parolled. So, if he ever wants a Green Card, he will have to return to El Salvador. However, there won't be any I-601 needed. I verified this because he was never in an out of status position before his 18th birthday. He TPS'd when he was 15 and has held such status ever since, and now he's 22.