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i130 & i485 Concurrent Filing With TPS and Advance Parole

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  • i130 & i485 Concurrent Filing With TPS and Advance Parole

    To Preface, I've searched extensively on this forum for an answer to my question and the closest analogue I could find was this persons story here,

    http://discuss.ilw.com/showthread.ph...-pending/page3

    But its dated (pre-2012 and Arrabally) and to be honest... not fully answered.

    Briefly... My Wife and I have been together for almost 10 years. When we met, she was (and is) Honduras TPS and I'm born USC, with a degree in law and barred in 2 states but not currently practicing. We've lived together for some 7 years, had a child together about 2 years ago, and got married about 2 months ago. I am attempting to file both the i130 and the i485 concurrently, but my concern is that since she has TPS, and has not been issued a nonimmigrant visa number (at least to my knowledge), that we cannot file concurrently and that I must file the i130 first, even tho the concurrent filing instructions are ambiguous at best when it comes to my present situation. I should mention also, that she has left and a couple of occasions to return to Honduras, both times with advance parole and reentered the US without a problem, the most recent time was in 2012. I have been under the impression that after 2012's Matter of Arrabally, when leaving under Advance Parole, that once one returns to the United States, that they enter WITH INSPECTION, however due to posters in the above link, I am now questioning this. Of course, that link was dated from 2009, before Matter of Arrabally.

    What is the the inspection status of an alien (specifically one with TPS) upon return to the US with advance parole in a post Arrabally world?

    And in summation... shall I proceed and attempt to push the i130 and i485 thru concurrently?

    OR

    ... wait until the i130 is approved?

    Thanks in advance

    PS - whomever came up with the TPS program must have been doing some serious drugs!

  • #2
    Originally posted by Dobbers View Post
    To Preface, I've searched extensively on this forum for an answer to my question and the closest analogue I could find was this persons story here,

    http://discuss.ilw.com/showthread.ph...-pending/page3

    But its dated (pre-2012 and Arrabally) and to be honest... not fully answered.

    Briefly... My Wife and I have been together for almost 10 years. When we met, she was (and is) Honduras TPS and I'm born USC, with a degree in law and barred in 2 states but not currently practicing. We've lived together for some 7 years, had a child together about 2 years ago, and got married about 2 months ago. I am attempting to file both the i130 and the i485 concurrently, but my concern is that since she has TPS, and has not been issued a nonimmigrant visa number (at least to my knowledge), that we cannot file concurrently and that I must file the i130 first, even tho the concurrent filing instructions are ambiguous at best when it comes to my present situation. I should mention also, that she has left and a couple of occasions to return to Honduras, both times with advance parole and reentered the US without a problem, the most recent time was in 2012. I have been under the impression that after 2012's Matter of Arrabally, when leaving under Advance Parole, that once one returns to the United States, that they enter WITH INSPECTION, however due to posters in the above link, I am now questioning this. Of course, that link was dated from 2009, before Matter of Arrabally.

    What is the the inspection status of an alien (specifically one with TPS) upon return to the US with advance parole in a post Arrabally world?

    And in summation... shall I proceed and attempt to push the i130 and i485 thru concurrently?

    OR

    ... wait until the i130 is approved?

    Thanks in advance

    PS - whomever came up with the TPS program must have been doing some serious drugs!
    I am not familiar with TPS specifically, but I don't think the TPS is really relevant. She entered with Advance Parole, so she was paroled, and she entered as a "parolee". Her I-94 should show this. As long as she was admitted or paroled, she qualifies for Adjustment of Status. I don't see any reason why I-130 and I-485 should be filed separately. It's not like she is filing I-485 with an immigration court or something; she is filing both with USCIS. You might want to ask people on Immigrate2US.net because they are more familiar with these kinds of situations.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      I am not familiar with TPS specifically, but I don't think the TPS is really relevant. She entered with Advance Parole, so she was paroled, and she entered as a "parolee". Her I-94 should show this. As long as she was admitted or paroled, she qualifies for Adjustment of Status. I don't see any reason why I-130 and I-485 should be filed separately. It's not like she is filing I-485 with an immigration court or something; she is filing both with USCIS. You might want to ask people on Immigrate2US.net because they are more familiar with these kinds of situations.

      Thanks much!!

      Comment



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