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I'm sharing my personal AOS experience of trying this approach (without a lawyer). If you see my timeline, I'm in the very early stages of the AOS process. I'll provide future updates of my AOS progress. As you can read for yourself in this recent cheat sheet for immigration lawyers, two different circuit courts have found that when USCIS grants TPS it counts as an “admission” for purposes of AOS. The two cases are Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013) and Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). But you can only use this approach if you reside in the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee) or the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington (state)). Regular AOS applicants usually submit a copy of their I-94 as proof of admission, but I provided a copy of the 20 page Ramirez v. Brown decision (because I reside in the Ninth Circuit). I concurrently filed the I-130 (by my USC 21 year old son), AOS, EAD, and AP. I'll post as replies below my cover letters for each application (without personal info). Feel free to ask any questions if you are in the same situation.
CatDudes posted a topic in Moving to the US and Your New Life In AmericaHi all, We are experiencing a bit of a conundrum with my husbands status regarding TB. He had some issues on his Xray during the Medical Exam in Paris, he is Portuguese and Paris is where the consulate is that handles Immigration Interviews and medical exams, so they made him do a sputum test over three days. He returned "home" to Portugal and waited the 6-7 weeks for the results and he was Negative. A few weeks ago the Nevada Department of Health reached out and we went there today and were told because of his X-Rays they want ANOTHER Sputum test (plus $200). The problem with this is that he is scheduled to do training in Denver in a few days and then has trips (he is an international flight attendant), but the Nurse at the Dept of Health office said he cannot leave Clark County, NV until he is cleared in July AFTER the second sputum test has been done. We asked why they don't just look at the first Sputum test from Paris which was negative and clear him then and there and she retorted back that they can't use it because it is older than 3 months (by 3-7 days by the way!). So as ridiculous as that is here is where we are completely gobsmacked by this whole thing: So while she said he can't leave the county until he is cleared in July, she basically said "see no evil, speak no evil, hear no evil" in regards to his training and flights he is scheduled for, essentially suggesting that he COULD leave the county and do what he has to do. Our problem with this is that, while he already did a sputum test in Feb and was declared negative by the USCIS Federal side of this immigration case, the state of Nevada is not satisfied that he doesn't have TB and we are afraid that his leaving the county on a place on any level could cause problems that might result in jail time or fines. Does anyone know what the best course of action is here? The nurse told us, off the record, it'll be fine as long as they don't find out, but how do we know they won't? And if they do they we have no idea what that means for his greencard/visa and/or job with a major American airline. Right now we are thinking we will max out our credit and just try to manage until July/August when he is cleared, but at the same time we are left utterly confused if that is even necessary because the Federal side of this is satisfied that he DOES NOT have TB. I apologize for repeating points here to articulate the cause of our newfound worry and confusion. It seems ridiculous that this is even an issue after going through a sputum test and waiting the 6 weeks once already. We just don't want to violate any laws, which seems to be what would happen if he did leave the CLARK COUNTY NEVADA, much less the state (for training in Denver) or the country (to fly between Europe and the USA). We are both just ready to cry at this point. We thought it was done with, that at most the state would want a follow-up/meet-and-greet to put a face to the paperwork and collect his x-rays from the Medical Exam in Paris, but now we are back to the sputum test and wait thing which also means a loss of two months of income, again, which we really can't afford and will put us into even more debt than we have stepped into since starting the interview process in February. Please, if anyone with knowledge about this can shed some light on the BEST course of action to deal with this, any information/advice is desperately needed and greatly appreciated! Sincerely, "The CatDudes" in Nevada