130/485 Filing for Ukrainian with pending TPS re-registration

[Trapper99 45]

My wife was Naturalized a couple weeks ago, and her mother is here with us in the US right now. She entered on humanitarian parole, but then got TPS. Her current TPS document expired on 4/19/25, but she timely filed 90 days before for "re-registration", which of course is still pending, but on USCIS's webpage for Ukrainian TPS it still says Ukrainian TPS is designated through Oct. 19, 2026. Trump has not made any termination on this program, but adjudication of pending applications seems to be at a stand still.

 

Obviously with my wife being naturalized now, we want to file I-130/485 for her mom now. On the questions about her mothers "When does the beneficiary's authorized stay expire?", should we be putting 4/19/25. With a pending TPS re-registration, she wasn't required to leave and from what I understand is in "authorized stay", but without an approval being issued I don't see how we can put any date other than 4/19/25.

 

We want to get her 485 filed as soon as possible which should then protect her from being required to leave while that is adjudicated, but I of course want to make sure we don't mess up on the applications. Is there anything else we should be aware of for those who were in a similar situation. My understanding is since she had a legal entry, and a green card is immediately available for her, overstays are forgiven, which I don't believe she has because of her pending TPS application.

 

Edit: Her I-94 Class of Admission is "DT"

[OldUser 10,116]

1 hour ago, Trapper99 said:

My understanding is since she had a legal entry, and a green card is immediately available for her, overstays are forgiven, which I don't believe she has because of her pending TPS application.

That's right, overstay is forgiven for immediate relative

[Trapper99 45]

26 minutes ago, OldUser said:

That's right, overstay is forgiven for immediate relative

That would be from this section correct?

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

Even though she has a pending TPS re-registration, since today is past her last date of approved stay, for Current Immigrant Status on I485, Line 14, should I put "TPS re-registration" or "TPS" and then on Line 15 put "Duration of Status" or put 4/19/2025?

Edited 9 hours ago by Trapper99

[Trapper99 45]

And for Line 76 "have you been unlawfully present in the United States"....is that a yes or no with a pending TPS re-registration?

[OldUser 10,116]

1 hour ago, Trapper99 said:

And for Line 76 "have you been unlawfully present in the United States"....is that a yes or no with a pending TPS re-registration?

Can even leave blank and have IO make a determination during interview. E.g disclose facts and let them pick yes or no. Either way it's forgiven.