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Burgos_Harold

AOS to Parent who has TPS, had an advanced Parole, but has had deportation proceeding

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My Father's History:

Came to us without inspection on November 11th 1995, applied for asylum and was denied and asked for Voluntary Departure on August 14, 1996. HE DID NOT LEAVE.

 

5 years passed, its now March 2001 and president bush granted TPS for those Salvadorians with deportation orders and no criminal records. My dad applied and was approved.

 

4 years later, In 2006 he applied for advanced parole and was approved. Traveled to El Salvador and re-entered the US just fine.

 

 17 years later still with TPS and no criminal records, I filed AOS for him because I turned 21. Went to interview and since my dad does not have good memory he lied under oath and said 'he has never been in proceedings of removal' which he was, in 1996.

We received a NOID (notice intention of Denial for his permanent residence) NOID says he can applied for a waiver of inadmissibility (I-601) but I looked at those criteria and its a pardon and he needs to show extreme hardship for U.S. citizen or U.S. permanent resident spouse or parent (NOT child)  

 

In this case, what do we do? will his AOS just get denied and end of story. What will happen once his TPS is removed in 2020?

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Posted (edited)
54 minutes ago, Burgos_Harold said:

My Father's History:

Came to us without inspection on November 11th 1995, applied for asylum and was denied and asked for Voluntary Departure on August 14, 1996. HE DID NOT LEAVE.

 

5 years passed, its now March 2001 and president bush granted TPS for those Salvadorians with deportation orders and no criminal records. My dad applied and was approved.

 

4 years later, In 2006 he applied for advanced parole and was approved. Traveled to El Salvador and re-entered the US just fine.

 

 17 years later still with TPS and no criminal records, I filed AOS for him because I turned 21. Went to interview and since my dad does not have good memory he lied under oath and said 'he has never been in proceedings of removal' which he was, in 1996.

We received a NOID (notice intention of Denial for his permanent residence) NOID says he can applied for a waiver of inadmissibility (I-601) but I looked at those criteria and its a pardon and he needs to show extreme hardship for U.S. citizen or U.S. permanent resident spouse or parent (NOT child)  

 

In this case, what do we do? will his AOS just get denied and end of story. What will happen once his TPS is removed in 2020?

Oh boy. This is not going to be an easy road for what seems to already be a difficult journey for your father.

 

He keeps getting chances and then making it more difficult (not leaving after agreeing to voluntary depart then lying under oath for a process to make him a resident).

 

Best advice I would give, personally, is to seek good legal counsel. As of now, USCIS has an arsenal of ammunition to deny your father due to his history. It is not about "not having a criminal record", but also abiding by agreements and rules set in to help him do it the legal way.

 

The burden is now on him (and you so to speak). Yes, it is possible that the AOS can be denied. The waiver seems to be distant option if there is no extreme hardship for you.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Posted (edited)

An I-601 for fraud/misrepresentation requires a USC or LPR spouse or parent to show extreme hardship. A child relative does not apply.

"If you are inadmissible because you sought to procure an immigration benefit by fraud or misrepresented a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this application.

...

Your qualifying U.S. citizen, or lawful permanent resident relative (spouse or parent), or the K visa petitioner would experience extreme hardship if you were denied admission"

 

Without an approved I-601, he will not be able to adjust status since he is inadmissible. Once his authorized stay expires, he must leave the US or else he will be subject to removal proceedings (again).

 

Seeking good legal counsel as well would be advised.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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18 hours ago, geowrian said:

Once his authorized stay expires, he must leave the US or else he will be subject to removal proceedings (again).

*TPS grants "lawful presence" (until Jan. 5, 2020 for Honduras beneficiaries). AOS "authorized stay" will end when there is no proper response to the NOID and the beneficiary is denied AOS.


Your Input Is Appreciated On This VJ Guide Proposal: 

 

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