TPS Beneficiaries That Entered Illegally May Adjust Status If They Reside in the 6th Cir. or 9th Cir.

[TM92 527]

2 hours ago, speedster said:

But now the question is doesn't the USCIS have to follow what the federal court has ruled? Especially if they let it settle in the district court?

Since I'm not well-versed I was hoping more knowledgeable users would provide their views on the subject. @pushbrk, thoughts on this practice advisory?:

Can residents of the Eastern District of Pennsylvania and the District of Minnesota use this approach just like the residents of the Sixth and Ninth Circuits?

[speedster 21]

@TM92 - Reading some articles and the opinion of the judge in the 9th circuit case and I thought of something... Do you have to maintain TPS status throughout your AOS application until a certain point like NOA1 or until you get your EAD? Or you have to have it until your AOS is fully approved with the whole nine?

[TM92 527]

3 hours ago, speedster said:

Do you have to maintain TPS status throughout your AOS application until a certain point like NOA1 or until you get your EAD? Or you have to have it until your AOS is fully approved with the whole nine?

My line of thinking is that having TPS until NOA1 is sufficient. Since I'm not an expert, I called a local immigration attorney (https://law191.org/) in late February and asked for his general legal opinon on TPS renewal while trying AOS in the 9th Circuit. He said that TPS until NOA1 should be sufficient, but it is a good backup plan to maintain TPS if possible.

Edited August 10, 2018 by TM92

[Poly 2]

trying to concurrently fill I-130, i-485, I-765 , I-131 and I-864W. Married to USC.  form I-485 and there is a  question: are you applying for adjustment based on the immigration and nationality act (ina) section 245(i)?

I enter EWI , what will be the answer . Any help please

[Poly 2]

From El Salvador with TPS for the last time

[TM92 527]

1 hour ago, Poly said:

trying to concurrently fill I-130, i-485, I-765 , I-131 and I-864W. Married to USC.  form I-485 and there is a  question: are you applying for adjustment based on the immigration and nationality act (ina) section 245(i)?

I enter EWI , what will be the answer . Any help please

58 minutes ago, Poly said:

From El Salvador with TPS for the last time

Most people select "No" for that answer. Only select "Yes" if you qualify through the LIFE Act; see https://www.uscis.gov/greencard/life-act-245i-adjustment:

Quote

To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001. In most cases, you must pay an additional $1,000 fee and complete Supplement A to Form I-485, Application to Register Permanent Residence or Adjust Status, to apply under Section 245(i) provisions with your adjustment of status application (Form I-485).

[speedster 21]

On 8/10/2018 at 2:56 PM, TM92 said:

My line of thinking is that having TPS until NOA1 is sufficient. Since I'm not an expert, I called a local immigration attorney (https://law191.org/) in late February and asked for his general legal opinon on TPS renewal while trying AOS in the 9th Circuit. He said that TPS until NOA1 should be sufficient, but it is a good backup plan to maintain TPS if possible.

Sadly, she won't be able to maintain TPS status since hers ends in January, we spoke to a couple of lawyers that said for us to pack up and move everything now to the 6 or 9 cir. is pretty risky especially since her TPS expires so soon she won't be valid technically....

Now to somehow find a way with DCF

[Poly 2]

Thank you for your help TM92 everything you post was very helpful . I just send my application!!!!!   I will keep it posted so that others in the same situation are encouraged to do the same.

[speedster 21]

https://www.google.com/amp/s/amp.cnn.com/cnn/2018/10/24/politics/tps-extension-plan/index.html

 

Some good news here

[TM92 527]

@speedster, did your wife receive her TPS EAD already? Did she already file for TPS AP?

[speedster 21]

On 10/26/2018 at 1:26 PM, TM92 said:

@speedster, did your wife receive her TPS EAD already? Did she already file for TPS AP?

We actually got it in August, but since we thought TPS was ending we were planning to leave the country anyways, but with this ruling we're sending and AP tommorow, we'll probably be moving out of the country anyways....too much run-around there's other countries out there where we can take our chances and move lol

 

How's your process going so far?

[TM92 527]

4 hours ago, speedster said:

we'll probably be moving out of the country anyways....too much run-around there's other countries out there where we can take our chances and move lol

At least you are considering all possible options.

4 hours ago, speedster said:

How's your process going so far?

Last status for the I-485 is "Case is Ready to Be Scheduled for An Interview" as of June 22, 2018 💤

[speedster 21]

9 hours ago, TM92 said:

At least you are considering all possible options.

Last status for the I-485 is "Case is Ready to Be Scheduled for An Interview" as of June 22, 2018 💤

 

Better quality of life in other countries especially for the run around we have to be dealing with here, not worth it for us.

And ouch 4 months and still waiting for an interview date?

[Poly 2]

I filled my application September/2018 and i am a little worried because I just got the interview letter for this month  that says :" Request for applicant to appear for initial interview" 

I do not know what that means, there will be more than one interview?  I thought I was going to receive a letter of approval first and then the working permit-advance parole combo card and only after that the interview appointment. Someone has any idea about what is going on with my case????????

By the way they deny my advance parole request, I have not got the letter yet

 

[accumbyte 148]

On 2/7/2019 at 1:15 PM, Poly said:

I filled my application September/2018 and i am a little worried because I just got the interview letter for this month  that says :" Request for applicant to appear for initial interview" 

I do not know what that means, there will be more than one interview?  I thought I was going to receive a letter of approval first and then the working permit-advance parole combo card and only after that the interview appointment. Someone has any idea about what is going on with my case????????

By the way they deny my advance parole request, I have not got the letter yet

Did you still have TPS status in September 2018? If yes then you should be fine. Also take with you print outs of the USCIS policy manual and the 6th circuit decision to the interview:

• https://www.uscis.gov/policymanual/Print/PolicyManual-Volume7-PartB.html
• http://www.opn.ca6.uscourts.gov/opinions.pdf/13a0157p-06.pdf

Which field office area are you in; Memphis or Nashville? https://www.uscis.gov/about-us/field-office/field-office-state?state=TN&topic_id=1&lang=1125 If Nashville, then maybe a short wait for Green Card interview is normal since its a new office: https://www.tennessean.com/story/news/2018/12/12/new-immigration-services-office-open-nashville/2279632002/ Also, for any field office some cases go way faster than the rest in that field office.

Edited February 17, 2019 by accumbyte