please read my timeline for type of visa option

[isa30 4]

This is my time line what visa type do I choose for the forum's time line?

[Cathi 5,747]

you posted this 3 times

[isa30 4]

you posted this 3 times

My computer froze and now I know why it told me to wait 12 second to write new post... Sorry

But I guess you don't have an answer to my question?

[Ontarkie 14,218]

Duplicate post removed

[isa30 4]

Duplicate post removed

Thanks

[Harpa Timsah 13,258]

"Other" visa. Normally you can't AOS from an EWI. Does your TPS supersede that?

[isa30 4]

"Other" visa. Normally you can't AOS from an EWI. Does your TPS supersede that?

BIA Finds Advance Parole Not “Departure” Under INA § 212(a)(9)(B)(i)(II)( 4/18/2012)

Advance parole is now considered a legal entry . Thats what my local USCIS stated. As of May 10TH USCIS is allowing people who traveld with advance parole to AOS authorized by HQ.

Edited June 13, 2012 by isa30

[isa30 4]

BIA Finds Advance Parole Not “Departure” Under INA § 212(a)(9)(B)(i)(II)( 4/18/2012)

Advance parole is now considered a legal entry . Thats what my local USCIS stated. As of May 10TH USCIS is allowing people who traveld with advance parole to AOS authorized by HQ.

USCIS had taken the position that a person who obtains advance parole and returns lawfully is subject to the 10-year bar. The position was based on the conclusion that the person “departed” the U.S. However, recently, that position has been overturned by the Board of Immigration Appeals in a seminal case,Matter of Arrabally.

Exiting the U.S. with advance parole no longer triggers the unlawful presence bar. InMatter of Arrabally, the BIA came to the conclusion that advance parole is a distinct benefit, and is “qualitatively different from other departures, because it presupposes both that he will be permittedto returnto the United States thereafter and that he will upon return, continue to pursue the adjustment of statusapplicationhe filed before departing.” In other words, leaving the US under a grant of advance parole does not constitute a “departure” for the purposes of triggering the unlawful presence bar. This is a significant victory for individuals who need to travel during the pendency of their adjustment of statusapplication. Matter of Arraballyis also a significant victory for those who have previously been denied adjustment based on their ineligibility for an unlawful presence waiver after departure under advance parole. These individuals may now have grounds to reopen their adjustment of statusapplication, pursuant to newcase law.

[Harpa Timsah 13,258]

Interesting, so this is very new. Thanks for the info. I still don't see how it covers up an EWI, because if AP is not true departure, then neither should it be a true entry (and this is how I always understood it) so the original entry should still be the one. But, it's very interesting and I will follow your case! Best of luck to you. (and it is "other" visa for concurrent filers in the timeline... no other option)

[isa30 4]

Interesting, so this is very new. Thanks for the info. I still don't see how it covers up an EWI, because if AP is not true departure, then neither should it be a true entry (and this is how I always understood it) so the original entry should still be the one. But, it's very interesting and I will follow your case! Best of luck to you. (and it is "other" visa for concurrent filers in the timeline... no other option)

Thank you for your response.

And yes that's exactly what I thought otherwise I would of known back in 2004.. Without the change of law I would of been able to adjust but with a hardship waiver.thanks to tps they cannot have me deported a long as is current...

[isa30 4]

Interesting, so this is very new. Thanks for the info. I still don't see how it covers up an EWI, because if AP is not true departure, then neither should it be a true entry (and this is how I always understood it) so the original entry should still be the one. But, it's very interesting and I will follow your case! Best of luck to you. (and it is "other" visa for concurrent filers in the timeline... no other option)

By the way. I tried OTHER on the visa type and it says I already got my I-130 approved when I actually filed concurrent with I-485.

[Ontarkie 14,218]

Move to - Adjustment of Status from Work, Student, & Tourist Visas I think this may be a better fit for you.

[isa30 4]

Move to - Adjustment of Status from Work, Student, & Tourist Visas I think this may be a better fit for you.

Thank you.. I will try that

[Harpa Timsah 13,258]

By the way. I tried OTHER on the visa type and it says I already got my I-130 approved when I actually filed concurrent with I-485.

Yeah, the timeline isn't well set-up for concurrent filers. I have mentioned this to admin and no response. Just put the timeline in your sig, as you have

[isa30 4]

Yeah, the timeline isn't well set-up for concurrent filers. I have mentioned this to admin and no response. Just put the timeline in your sig, as you have

Thank you... I feel like I'm the only ewi with tps adjusting status here.

Hopefully if I get approved it will help new applicants in the same case....