Father of USC - El Salvador

[Angela256z 30]

Hi all, 

My friend that is 22 YO USC is the son of an El Salvadoran.  His father did reside in the US on TPS until a few years ago he returned to live in El Salvador. The son would like to try and bring him back to the US.  Is there any reason why he would not qualify to bring him over on the I-130 for family member?

 

He has no criminal record and crossed and got returned at the border.   He has never claimed to be a USC either.  

[Verrou 1,962]

Did the father ever accumulated overstay when he’s in US ? 

[Boiler 45,510]

How was he returned at the Border if he has TPS?

[Crazy Cat 41,851]

1 hour ago, Angela256z said:

Hi all, 

My friend that is 22 YO USC is the son of an El Salvadoran.  His father did reside in the US on TPS until a few years ago he returned to live in El Salvador. The son would like to try and bring him back to the US.  Is there any reason why he would not qualify to bring him over on the I-130 for family member?

 

He has no criminal record and crossed and got returned at the border.   He has never claimed to be a USC either.  

Need a sequential timeline and dates.  He crossed over more than once?

[Family 3,988]

Tell your friend to go ahead and apply for the I-130 for his father. It will take some time for it to get through the USCIS stage , NVC and interview at the consulate. 
 

If you know the following info, please respond:

DOE : date of entry /first time he came to US

Date he obtained TPS 

Did he ever leave the US ( before or after TPS ) on AP ( advance parole) ? 
When /why did he leave the US the last time? So how many years has he been out of US?
***Depending on how long he has been out and barring previous multiple EWI entries , he may not require any waivers for ULP, but file the I-130 and see it through.

Doing the FOIA s himself, will save a lot of legal fees, but once record is back and BEFORE completing DS-260 at NVC ..GO CONSULT an attorney to get dates /disclosures correct.

In the meantime he should do two FOIA’s 

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

1. USCIS FOIA for his complete records of TPS and A# file

 

2. CBP FOIA to see what was entered in his record when they caught him at the border and turned him away. I would guess it was just a voluntary return ( VR ) , not an ER (;expedited removal)..but you never know. 
https://www.cbp.gov/site-policy-notices/foia

By the time Case reaches NVC , he should have the records, and on  DS-260 he needs to list the date of his original EWI entry , when he left the US and when  he was stopped and turned back ,  that should be listed as :I attempted to enter without inspection on Xx and was refused entry”:..

 

 

[Family 3,988]

47 minutes ago, Boiler said:

How was he returned at the Border if he has TPS?

Left without AP…? 

[Angela256z 30]

On 8/19/2022 at 3:00 PM, Family said:

Left without AP…? 

He left on his own and TPS exp. 

On 8/19/2022 at 2:05 PM, Misscloud said:

Did the father ever accumulated overstay when he’s in US ? 

He came across and applied and was granted TPS. 

On 8/19/2022 at 2:12 PM, Boiler said:

How was he returned at the Border if he has TPS?

He went on his own a while ago and never renewed any paperwork. 

On 8/19/2022 at 2:57 PM, Crazy Cat said:

Need a sequential timeline and dates.  He crossed over more than once?

No just the one time.  I don't have the exact date, but it was about 2000. 

On 8/19/2022 at 3:00 PM, Family said:

Left without AP…? 

 

[Angela256z 30]

On 8/19/2022 at 2:57 PM, Family said:

Tell your friend to go ahead and apply for the I-130 for his father. It will take some time for it to get through the USCIS stage , NVC and interview at the consulate. 
 

If you know the following info, please respond:

DOE : date of entry /first time he came to US

Date he obtained TPS 

Did he ever leave the US ( before or after TPS ) on AP ( advance parole) ? 
When /why did he leave the US the last time? So how many years has he been out of US?
***Depending on how long he has been out and barring previous multiple EWI entries , he may not require any waivers for ULP, but file the I-130 and see it through.

Doing the FOIA s himself, will save a lot of legal fees, but once record is back and BEFORE completing DS-260 at NVC ..GO CONSULT an attorney to get dates /disclosures correct.

 

I will get the above information and have his start the FOIAs.   I don't know the answers as I am a friend of the Uncle.  My understanding is he only crossed the one time EWI.  Obtained his TPS and stayed until he left.  He only left the US the one time.  He was not caught and sent back at all.  Entered the one time, got his TPS, left without renewing any papers and TPS has since exp from what I understand. 

On 8/19/2022 at 2:57 PM, Family said:

 

 

 

On 8/19/2022 at 2:12 PM, Boiler said:

How was he returned at the Border if he has TPS?

He just went back on a plane and never came back to the US.  I cannot confirm if he had AP, but his papers have since exp from my understanding. 

 

[Family 3,988]

If he had only one EWI entry , half the problem is solved and he won’t need a I-212 .

The other half of the mystery depends on how much time passed between his date of entry in 2000 and when he registered for TPS ( it opened March , 2001)…but it’s looking very promising..for possibly no need for I-601 for ULP / unlawful presence. 
 

Tell your friend to help father order a “ certified “ statement of earnings from Social Security..because if dad worked 10 years minimum he earned 40 credits and could come in w I-864 W ( thus fully vested in the SS system ) 

He can use the US address c/o of his son

 

https://www.ssa.gov/forms/ssa-7050.pdf