What's your advice about these TPS thoughts

[speedster 21]

Here's the deal: My wife/and her sister were brought to the US as minors and were caught (and given orders of deportation), less than a year later both of them were approved for TPS for their country. My wife and I left the states and she's been given a visitor visa and we've arrived without any problems at the POE. My wife's sister has stayed in the US and hired an immigration lawyer who said she should not apply for advance parole or leave the country as "she would have the 10 year bar" and are going through the hardship wavier for the 2nd time as the 1st one has already been denied.

I'm scratching my head because my wife was able to come back easily without a problem, both of them issued the same order of deportation on the same day, as a minor, and both were given TPS. What gives? Is the lawyer lying to them? Should she get advance parole?

Great mind of VJ, give me your (non-legal) advice

[top_secret 2,100]

I'd speculate your wife's, sister's, lawyer, gave good advice, and your wife was a bit lucky.  Don't expect 'good luck' to be a reliably repeatable event.

[speedster 21]

30 minutes ago, top_secret said:

I'd speculate your wife's, sister's, lawyer, gave good advice, and your wife was a bit lucky.  Don't expect 'good luck' to be a reliably repeatable event.

Why'd you think my wife was lucky? The visa officer told her she checked if there's any bar or anything limiting her from entering the US before she got the B visa, visa officer said there's nothing.

[top_secret 2,100]

2 minutes ago, speedster said:

Why'd you think my wife was lucky? The visa officer told her she checked if there's any bar or anything limiting her from entering the US before she got the B visa, visa officer said there's nothing.

My wife was twice denied B visas with what I would say was a very much a stronger case. B visas are arguably almost a complete crapshoot.  If someone were "going through the hardship wavier for the 2nd time as the 1st one has already been denied",  I personally would not leave the country and test any theory based on "one person seemed to get back in ok that way"..

[speedster 21]

6 minutes ago, top_secret said:

My wife was twice denied B visas with what I would say was a very much a stronger case. B visas are arguably almost a complete crapshoot.  If someone were "going through the hardship wavier for the 2nd time as the 1st one has already been denied",  I personally would not leave the country and test any theory based on "one person seemed to get back in ok that way"..

I get what you mean, yeah, maybe my wife was lucky, we're only using the B visa to visit of course not immigrate. The other family member is of course trying to adjust her TPS status to a green card, but it makes me wonder if nothing came up for my wife coming back twice (at embassy for B visa, and again at POE) why the lawyer thinks there's still something. Would a simple FOIA request be good?

Also the hardship wavier is notorious to deny you even if you don't need it.

[Chancy 6,233]

1 hour ago, speedster said:

it makes me wonder if nothing came up for my wife coming back twice (at embassy for B visa, and again at POE)

 

Your wife's age and immigration status when she left the US matters.  If your wife keeps to the terms of her B visa when she visits, she will not accrue unlawful presence, and will not get a ban.  You said the sister remains in the US, so she could be accruing unlawful presence now, depending on her current status.

 

[speedster 21]

17 hours ago, Chancy said:

 

Your wife's age and immigration status when she left the US matters.  If your wife keeps to the terms of her B visa when she visits, she will not accrue unlawful presence, and will not get a ban.  You said the sister remains in the US, so she could be accruing unlawful presence now, depending on her current status.

 

Both entered the US (illegally) as minors, then obtained TPS in less than a year. They had TPS all the way into adulthood (even now for the family member).

 

Because of this there is no unlawful presence, minors don't accure unlawful presence until they reach 18 and even before the age of 18 they had TPS.

[Chancy 6,233]

1 hour ago, speedster said:

Because of this there is no unlawful presence, minors don't accure unlawful presence until they reach 18 and even before the age of 18 they had TPS.

 

Then your wife has nothing to worry about, if you know she did not accrue unlawful presence.  As for her sister, the case is obviously more complicated if her previous waiver filing was already denied.

 

[speedster 21]

On 11/23/2022 at 10:22 PM, Chancy said:

 

Then your wife has nothing to worry about, if you know she did not accrue unlawful presence.  As for her sister, the case is obviously more complicated if her previous waiver filing was already denied.

 

Spoke to the sister more about this. Their lawyer did a "motion to reopen" which was denied, which makes me think that they never actually submitted a I601(A), if I'm correct?

More so, the Case Information presented online actually shows her name misspelled completely. So technically, there's nothing against her? I'm not sure how USCIS views this.

[Family 3,549]

On 11/22/2022 at 4:06 PM, speedster said:

get what you mean, yeah, maybe my wife was lucky, we're only using the B visa to visit of course not immigrate. The other family member is of course trying to adjust her TPS status to a green card, but it makes me wonder if nothing came up for my wife coming back twice (at embassy for B visa, and again at POE) why the lawyer thinks there's still something. Would a simple FOIA request be good?

I will assume here that:

1. You are a US Citizen and chose to go live with your wife for a number of years in her country of birth. 
2. She presented for her B-1/B-2 visitor visa and showed she was married to an American and duly settled there without intentions of immigrating to the US…

3. By chance 10 years between her leaving the US and visitor visa issuance? 
4. What’s the plan for your wife? Stay or go?
 

The sister who has continuously lived here w TPS should go ahead and apply for Advance Parole…traveling on AP will not trigger the bar and if she will be able to adjust …

 

***The Motion to Reopen should have been to EOIR not I-601 A hardship waivers****

Have her go consult with at LEAST 3 other attorneys…and ditch her current one ASAP cause I-601 A was a waste of $$$ since with a deport order she’s not eligible. 
 

 

 

https://www.vfnlaw.com/breakthrough-news-for-tps/

 

BUT NOW, FROM THIS POINT UNTIL JANUARY 19, 2025, ANY TPS HOLDER WHO MEETS THE FOLLOWING CRITERIA CAN HAVE THEIR REMOVAL PROCEEDINGS DISMISSED TO ADJUST THEIR STATUS unless the person is an enforcement priority:

1. Currently possesses Temporary Protected Status;
2. Has a removal, deportation, or exclusion order issued by the Executive Office for Immigration Review or its predecessor agency, the U.S. Immigration and Naturalization Service;
3. Has traveled on advance parole since that order was issued; AND
4. Is otherwise prima facie eligible to file an application for adjustment of status with USCIS, including but not limited to those with a pending or approved I-130 “immediate relative” visa petition who meet the “inspected and admitted or paroled” requirement of Section 245(a) of the Immigration and Nationality Act, as amended (the “INA”) pursuant to USCIS policy if seeking to adjust under that provision.

 

https://cbkimmigration.com/i-601-provisional-waiver/

You are not eligible to apply if you have other grounds of inadmissibility, such as a criminal background or an old deportation order

[speedster 21]

10 hours ago, Family said:

I will assume here that:

1. You are a US Citizen and chose to go live with your wife for a number of years in her country of birth. 
2. She presented for her B-1/B-2 visitor visa and showed she was married to an American and duly settled there without intentions of immigrating to the US…

3. By chance 10 years between her leaving the US and visitor visa issuance? 
4. What’s the plan for your wife? Stay or go?
 

My wife and I got married in the states, she's been had TPS basically ever since she arrived (within 6 months of arrival). We moved abroad since we didn't want to live here anymore (We live in Europe). It's been 2 years since we left the states, applied for a visitor visa just to see what happens, she got it and we've already traveled to the states and came back home. We don't have any intentions of living in the states as we're happy where we are.

 

10 hours ago, Family said:

BUT NOW, FROM THIS POINT UNTIL JANUARY 19, 2025, ANY TPS HOLDER WHO MEETS THE FOLLOWING CRITERIA CAN HAVE THEIR REMOVAL PROCEEDINGS DISMISSED TO ADJUST THEIR STATUS unless the person is an enforcement priority:

 

1. Currently possesses Temporary Protected Status;
2. Has a removal, deportation, or exclusion order issued by the Executive Office for Immigration Review or its predecessor agency, the U.S. Immigration and Naturalization Service;
3. Has traveled on advance parole since that order was issued; AND
4. Is otherwise prima facie eligible to file an application for adjustment of status with USCIS, including but not limited to those with a pending or approved I-130 “immediate relative” visa petition who meet the “inspected and admitted or paroled” requirement of Section 245(a) of the Immigration and Nationality Act, as amended (the “INA”) pursuant to USCIS policy if seeking to adjust under that provision.

 

https://cbkimmigration.com/i-601-provisional-waiver/

You are not eligible to apply if you have other grounds of inadmissibility, such as a criminal background or an old deportation order

Thing is, the sister hasn't traveled on AP. Her lawyer is saying don't do it since she has a "order of deportation" (which the name is spelled completely wrong).

I'll also note there's another sister (it's 3 of them). I don't know much for her case but her order of deportation is also misspelled, she's used AP for a dying family member, came back, married, got a green card and years later now a US citizen. Not sure if this helps?

[Family 3,549]

27 minutes ago, speedster said:

Thing is, the sister hasn't traveled on AP. Her lawyer is saying don't do it since she has a "order of deportation" (which the name is spelled completely wrong).

I'll also note there's another sister (it's 3 of them). I don't know much for her case but her order of deportation is also misspelled, she's used AP for a dying family member, came back, married, got a green card and years later now a US citizen. Not sure if this helps?

As you can tell by the 2nd sister who traveled w AP and later adjusted  the attorney for the 1st sister is not competent . 
The Order of Deportation ( misspelled or not) is not an problem for sister #1 as far as obtaining AP and taking advantage of travel and re entry. .

 

There has been a great deal of back and forth litigation for TPS /AP and sporadically there were periods of time some circuits refused to recognize return w AP as satisfactory for being inspected..

But ..she has a chance to do it now PLUS deal with the old deport order once and for all. 

 

I know you keep pointing out that names of all three sisters were misspelled, and I acknowledge that 2 of the 3 have already faced USCIS ( sister who adjusted) and DOS ( your wife who got visitor visa )and the old order dis not show up in their A# files…so that is a good thing…

 

It is definitely a faulty NTA and since I don’t know if you are looking at an actual Immigration Judge Order of Deportation or just an NTA, I will not speculate on it…other than to say even if it was a perfectly sound deport order , read previous link and see ICE will joint motion to re- open and terminate.

 

Moral of this story is get a different attorney 

 

 

 

 

 

 

Edited January 9, 2023 by Family

[Family 3,549]

Sister #1 does not need to look very hard for a good attorney…just use the fellow who helped sister #2 get AP, adjust and become a USC.

Don’t these sisters talk???

[speedster 21]

2 hours ago, Family said:

As you can tell by the 2nd sister who traveled w AP and later adjusted  the attorney for the 1st sister is not competent . 
The Order of Deportation ( misspelled or not) is not an problem for sister #1 as far as obtaining AP and taking advantage of travel and re entry. .

 

There has been a great deal of back and forth litigation for TPS /AP and sporadically there were periods of time some circuits refused to recognize return w AP as satisfactory for being inspected..

But ..she has a chance to do it now PLUS deal with the old deport order once and for all. 

 

I know you keep pointing out that names of all three sisters were misspelled, and I acknowledge that 2 of the 3 have already faced USCIS ( sister who adjusted) and DOS ( your wife who got visitor visa )and the old order dis not show up in their A# files…so that is a good thing…

 

It is definitely a faulty NTA and since I don’t know if you are looking at an actual Immigration Judge Order of Deportation or just an NTA, I will not speculate on it…other than to say even if it was a perfectly sound deport order , read previous link and see ICE will joint motion to re- open and terminate.

 

Moral of this story is get a different attorney

It is an NTA, which the information is public on the justice website which of course says the judge ordered removal.
So regardless if an order of deportation appears on their files or not, the sister is eligible for a advance parole and can return without issue? That's the confusing part for me.

Also funny enough, they used the same lawyer, but that lawyer only helped the 2nd sister with I130/485 and that's it (which let's be honest, mostly anyone can do)

[Family 3,549]

7 minutes ago, speedster said:

It is an NTA, which the information is public on the justice website which of course says the judge ordered removal.
So regardless if an order of deportation appears on their files or not, the sister is eligible for a advance parole and can return without issue? That's the confusing part for me.

Also funny enough, they used the same lawyer, but that lawyer only helped the 2nd sister with I130/485 and that's it (which let's be honest, mostly anyone can do

Yes, sister #1 can do AP exactly as sister #2 successfully did. 
It’s certainly confusing why the same attorney is dealing with each sister so differently …I won’t speculate that he only did I-130/I-485 by marking “no” for previous deportation questions on the forms..and banked on record not showing because the name was badly misspelled and kids were probably not fingerprinted and likely it was an “in absentia “ order..

 

But are you able to confirm what “ hardship waiver” was denied and appealed…

 

And definitely all 3 sisters and the parents should do EOIR FOIA s . ..because sister #2 ( now USC) can help the parents adjust as well.