Adjusting from TPS to Permanent Resident for mother

[majikgenie 6]

Hi,

I've searched the forums and can't find a topic quite similar to mine.

My mother has TPS (since 2010) and I, her US citizen daughter, want to adjust her status to a permanent resident. But I'm not quite sure what I'm filing in regards to the i-130 and the i-485.

Back story: I've filed a i-130 (and I believe an i-485) for her prior to 2010. The i-130 was approved but at the time I was using a lawyer and I told that she wasn't eligible for a green card because she didn't have a port of entry (POE) on file. At the time, I wasn't as knowledgeable or confident in doing her paperwork myself. So nothing happened. And given how much time has passed on the approved i-130, I figured I'd start a whole new process for her.

Jump to 2010, the earthquake happened in Haiti and she filed/received her TPS. She was able to travel with an advanced parole visa because of her TPS; thus I assume would now give her a POE and allow me to finally adjust her status. We've had no issues renewing her TPS and EAD since she's had it. She is married to my dad who has had his GC since 2012.

So ultimately my question is should I file for her or would it be easier/faster if my dad does? I'll be preparing the paperwork and I just want to make sure I do it right. Any help would be greatly appreicated!

[aleful 1,905]

hi

since he isn't a USC. the process will take over a year, probably a year and a half

if you file for her then it will most likely take less than a year, she has to prove that her last entry was legal

[majikgenie 6]

hi

since he isn't a USC. the process will take over a year, probably a year and a half

if you file for her then it will most likely take less than a year, she has to prove that her last entry was legal

Ok thank you. I have her i-94 document from when she re-entered the US. But now am I filing both the i-130 and the i-485 together for her AOS paperwork?

[aleful 1,905]

hi

you have to send the whole packet

you also have to send the G325A, i864, i693 medical and vaccination and the i765

[majikgenie 6]

hi

you have to send the whole packet

you also have to send the G325A, i864, i693 medical and vaccination and the i765

Thank you so much! I hadn't thought about the i-765 since her current one isn't due to expire until July 2017. But knowing how the immigration is, I guess it's better to just do everything. Thanks again

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.