RIE (i-485) Not sure what to submit

[Fabs 0]

I entered the US without inspection as a child, and i am currently under the TPS status. I am married to a US Citizen (for 7 years now) and after submitting form I485 we recieved a RIE. I am unsure what to submit as i don't fall under the listed "Evidence of eligibility for 245(i) adjustment"....please help!

[little immigrant 801]

What's RIE? Do you mean request for initial evidence? 

[Fabs 0]

2 minutes ago, little immigrant said:

What's RIE? Do you mean request for initial evidence? 

That is correct. 

[aleful 1,905]

TPS doesn't give you a pathway for residency

 

you don't qualify to adjust status unless your last entry was legal. since you entered illegally they are requesting you prove that you have a petition under the 245i law. you will have to withdraw the petition

 

some people with TPS got an advance parole, left and entered legally to the country. that was years ago. I'm not sure that is wise now, and if you even can

 

only if your last entrance is legal you can file for concurrent filing, if not you will have to go through consular filing but first you will have to file a waiver and your spouse do the hardship letter

 

 

[payxibka 10,047]

8 minutes ago, Fabs said:

I entered the US without inspection as a child, and i am currently under the TPS status. I am married to a US Citizen (for 7 years now) and after submitting form I485 we recieved a RIE. I am unsure what to submit as i don't fall under the listed "Evidence of eligibility for 245(i) adjustment"....please help!

What category are you seeking your status adjustment?

[Fabs 0]

2 minutes ago, payxibka said:

What category are you seeking your status adjustment?

well i have been in the country for 12 years under the TPS and through my marriage (to a US Citizen) want to obtain a green card.

[NikLR 13,231]

3 minutes ago, Fabs said:

well i have been in the country for 12 years under the TPS and through my marriage (to a US Citizen) want to obtain a green card.

You will need a I-601A waiver and will need to interview in your home country. 

Edited February 10, 2018 by NikLR

[Fabs 0]

6 minutes ago, NikLR said:

You will need a I-601A waiver. 

Should this be submitted instead of responding to the Request of Initial Evidence letter? I want to ensure I respond accordingly.

Thank you so much for your help!

[NikLR 13,231]

12 minutes ago, Fabs said:

Should this be submitted instead of responding to the Request of Initial Evidence letter? I want to ensure I respond accordingly.

Thank you so much for your help!

You cannot adjust status.  Withdraw the I-485 

[aleful 1,905]

as stated, you can't adjust status, you will have to withdraw the i485 as you haven't any proof of legally entering the country or having had a petition under the 245i law.

 

you will need the waiver first and then leave to have the interview in your country

 

 

[geowrian 22,338]

In general,  those who entered without inspection are not eligible to file for AOS. They have no status to adjust from.

 

There is another ongoing case here for a TPS beneficiary who entered without status and is using a circuit court ruling to have their TPS qualify as being inspected. This is very YMMV...it only applies to those who live in certain areas and is still an uphill battle. Here's the thread to review, but I would suggest seeking professional advice from a good immigration attorney before going down that path, if you even qualify.

 

[speedster 27]

Kinda in the same boat as you, but I thought I heard that even if you entered the US illegally for example at age 2 and got TPS in the US 2 months later I thought something like that excludes you from needing a petition wavier, but of course you need AP to leave and be paroled into the USA....right?