Adjustment of Status (I-485) for Parolees with TPS

[Abbass 0]

All,

Does anyone know if a parolee with a TPS can file for I-485 based on an approved I-140? I was initially on H1b visa and I also had an approved TPS with advanced parole at the same time. Couple of months ago, I had an urgent travel back home and the US embassy was closed. I came back using my advanced parole. The officer at the airport stamped my passport gave me "AD" designation in the class of admission in the I-94 (parolee approved by district office) and he wrote TPS inside the stamp. Couple of weeks ago, I got my I-140 petition approved and when I attempted to apply for adjustment of status (I-485), my lawyer said I might not qualify to file I-485 because I am a parolee.

I understand that parolees are not qualified to apply for adjustment of status, but it was my understanding that parolees with TPS are treated differently because they were given TPS status for humanitarian situations and in many cases, US embassies are not open in their home country. I also read in many forums that immigrants with TPS, who entered the US illegally or accumulated unlawful presence, are recommended to get the advanced parole, leave the country for a short period of time and re-enter the country as a parolee so they can bypass the illegal admission or unlawful presence requirements. My argument was, if this is true in a certain district in the U.S, then why would this not apply to my case where I entered the country legally and I have not accumulated unlawful presence?! When I discussed this with the lawyer, he thought this might be true for non-employment types of adjustment of status but not necessarily my situation. I understand this is not a straightforward application but I am wondering if someone has already went through the same situation or have more knowledge of the pertaining immigration bylaws. I also appreciate any guidance toward a lawyer who has more expertise in such cases? Your help is very much appreciated.

Thanks,

[Canerican 242]

This is what I got from the USCIS website and here is the link to it: https://www.uscis.gov/humanitarian/temporary-protected-status

"TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status"

Although it also say "An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa" So I would assume that if you have been approved for a I-140 then you should be able to adjust.

I am not 100% just going off what the USCIS website says so I would wait till someone else chimes in with more experience.

Edited September 14, 2016 by CDN(ON)-USA(VT)

[Abbass 0]

Thanks CDN for your input. Truly appreciate that . I read that too and that was my understanding. But then my lawyer thinks that being a parolee adds some complications to my case even though I have TPS. I know this is not a crystal clear situation and I am hoping to know more about the situation and weigh my options accordingly.

This is what I got from the USCIS website and here is the link to it: https://www.uscis.gov/humanitarian/temporary-protected-status

"TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status"

Although it also say "An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa" So I would assume that if you have been approved for a I-140 then you should be able to adjust.

I am not 100% just going off what the USCIS website says so I would wait till someone else chimes in with more experience.