Haitian TPS holder with I-220A married to U.S. citizen – I-130 approved, worried about ICE check-in

[Pup 0]

Husband’s situation:

 

Wife:

• U.S. citizen

 

Husband:

• Haitian citizen

• Entered the U.S. without inspection (EWI)

• No criminal history

• Has work authorization (EAD)

 

Current status:

• Currently has Temporary Protected Status (TPS) for Haiti (though TPS is involved in ongoing litigation)

• Released by ICE on Form I-220A (Order of Release on Recognizance)

• Has periodic ICE check-ins in South Florida

 

Immigration process:

• We filed I-130 through marriage and it has already been approved

 

Travel history:

• Applied for Advance Parole, but it was denied because the reason was not considered humanitarian.

 

Concern:

His next ICE check-in is coming up soon. He has been compliant with all requirements, but he is worried about the possibility of detention at the check-in in South Florida.

 

We’ve had several consultations with immigration attorneys. Some were hesitant to take the case because it involves ICE supervision and I-220A.

 

Main questions:

 

1. How common is detention at ICE check-ins for someone with no criminal history?
2. With I-130 already approved, what are the realistic options for getting a green card with EWI + I-220A?
3. Is consular processing with an I-601A provisional waiver usually the only path in cases like this?

 

 

Any insight from people who have dealt with similar situations would be appreciated.

[Boiler 48,774]

If there are stats I have not seen them, does happen.

 

I 601a would be the normal route, takes forever.

 

Yes

[Boiler 48,774]

Just another thought do not understand the basis for Advanced Parole. Refused so does not matter.