TPS AOS final order of deportation

[Display01 6]

 I have tps expiring in 2019. I have an outstanding order of deportation. My us citizen husband just filed 130 for me. Anyone in the same boat or with previous experience, please share. I will post on my timeline when I receive notice of action.

[Boiler 44,004]

How did you enter the US?

[mindthegap 2,563]

31 minutes ago, Boiler said:

How did you enter the US?

Shouldn't matter if TPS (Ramirez v. Brown, __F. 3d ___ (9th Cir. 2017)

 

[Display01 6]

9 hours ago, mindthegap said:

Shouldn't matter if TPS (Ramirez v. Brown, __F. 3d ___ (9th Cir. 2017)

 

I entered with a tourist visa. I even travelled last year with advance parole

 

Edited January 15, 2018 by Relina

[Gaby1 1]

Hi Relina,

 

My husband is in the same boat as you. He has an order of deportation, traveled out of the country with advanced parole and his TPS is expiring in 2019. After many months of research I went ahead and filed his I-130, I-485, and I-212 (Consent to reapply after deportation). We filed last month; 12/18/2017 is our priority date (pd). We received his NOA on 1/12/2018 for 1/23/2018. He has a friend that is going thru the same thing but filed in May of 2017 and received his EAD card in September 2017.

[Display01 6]

Hi Gaby1, I want to wish you and husband good luck in this process. Thanks for sharing. I did a lot of research too. And I was told if I file i130 concurrently with i485, the i485 would be denied because of my deportation order.  My attorney filed I 130 and we’re waiting for approval so we ask immigration to reopen and vacate the order of deportation. 

Let’s keep in touch and see what happens. 

I know what I’m going through. Stay strong. 

[Display01 6]

Gaby 1

I am also curious Why you filed I212.     The I-212 is for permission to reapply after deportation. If your Husband Was Not Removed from The USA,  I am not sure you should have filed 212.  May be what he needs is the 601 waiver.  The I-601 is the waiver of unlawful presence and other inadmissibility grounds. I would advice you to work with a competent attorney on this.

Good luck again.

[Gaby1 1]

Relina,

 

When my husband traveled out of the country with AP he self-deported so that is why I filed form I-212. (Read the instructions on the I-212 instructions.) Since he already traveled out of the US with an outstanding order of removal we don't have the option of requesting to reopen his asylum case. Also, because he traveled with AP and successfully came into the US it does not mean a departure in the case of overstaying (See Matter of Arrabally and Yerrabelly, 25 I & N Dec. 771 (BIA 2012). So that's why he does not need to file a form I-601.

 

Please ask your lawyer about that because it does not sound like the lawyer is giving correct information. I've also read others experiences concerning the route I'm taking.

[Display01 6]

Gaby1, In 2012, the Board of Immigration Appeals held that someone who leaves the United States pursuant to a grant of advance parole does not make a “departure” from the United States.  However, this ruling was specific to a question about “departure bars”, which occur when someone has been in the United States unlawfully and then leaves.  There is currently no court ruling about whether someone who leaves on advance parole has “departed” the United States with an outstanding removal order and has thus has self-deported.

So Based on the above facts, he did not self deport. 

 

[Gaby1 1]

Relina, Here is some info from the USCIS website of someone who had the same problem that we have and the outcome. Read the story and outcome please.

https://www.uscis.gov/sites/default/files/err/H4 - Application for Reentry after Removal or Aggravated Felony Conviction - 212(a)(9)(A)(iii)%2C 212(a)(9)(B)(v)%2C 212(d)(3)(A)/Decisions_Issued_in_2016/JAN122016_01H4212.pdf

 

Please also see, http://www.ailatexas.org/wp-content/uploads/2015/03/Houston-USCIS-March-QA.pdf question 6 about departure with advance parole.

[Gaby1 1]

Relina, 

After reading more into what you wrote it is saying the same thing I am explaining to you. It's saying that advance parole does not trigger departure for overstay ( § 212(a)(9)(B)(i)(II) ) and that there is no law showing that someone who traveled on AP with an unexecuted removal order did not make a departure according to § 212(a)(9)(A)(ii)(II). (Which means they made a departure according to that law thus executed the removal order (self-deported).)

 

While There is an Argument to the Contrary, its Possible that Leaving on Advance Parole Executes the Outstanding Deportation Order

In 2012, the Board of Immigration Appeals held that someone who leaves the United States pursuant to a grant of advance parole does not make a “departure” from the United States.  However, this ruling was specific to a question about “departure bars”, which occur when someone has been in the United States unlawfully and then leaves.  There is currently no court ruling about whether someone who leaves on advance parole has “departed” the United States with an outstanding removal order and has thus has self-deported.

 

So while one could certainly argue that the BIA case applies to this circumstance as well, it has not been firmly ruled on by the courts.

USCIS cautions against leaving on advance parole with an outstanding order and suggests that you file a motion to reopen prior to leaving. (This is also found on FAQ question #57).  This can work in certain circumstances, but oftentimes motions to reopen are very difficult to win.

If leaving on advance parole is considered a departure, one would need a waiver of inadmissibilitybefore being admitted to the United States.  And if you depart the United States after failing to appear in immigration court, that can further complicate things.

 

Here is the the link: http://www.amigalawyers.com/posts/2016/2/22/advance-parole-with-a-prior-deportation-order-is-it-possible-is-it-safe

It also shows suggests that one files a motion to reopen before leaving on advance parole.

[Display01 6]

Hi, you have to look at cases of tps recipients. The person mentioned in the first did not have tps and was removed from The United States. That’s different from our situation. We have never been removed and try to re-enter. 

[Gaby1 1]

Hey Relina,

This is what it says:

"The record reflects that an immigration judge denied the Applicant's asylum claim and on August 23, 1996, granted him voluntary departure until September 22, 1996, with an alternate order of deportation. His order of deportation was put into effect on September 23, 1996. The Applicant departed the United States around August 2012, and he reentered the country pursuant to a grant of advance parole on August 21, 2012. Because the Applicant departed the United States while an order of removal was outstanding and is seeking admission within ten years of his last departure from the United States, he is inadmissible under § 212(a)(9)(A)(ii)(II) of the Act and he requires permission to reapply for admission pursuant to § 212( a)(9)(A)(iii) of the Act."

 

It is saying he traveled outside of (departed) the United States and reentered pursuant (in agreement with) an approved advance parole document. And therefore he is seeking admission. So he traveled with an AP document in sometime in August 2012 and returned in the same month with the previously approved AP document. 

 

And yes it doesn't specifically say he had TPS but I am guessing he did because he received an advance parole document and the only way I can see him receiving one is through TPS.

 

[Boiler 44,004]

If you use AP then my understanding is that you are paroled in, not admitted.

[Gaby1 1]

You're correct Boiler.