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With tps, if i leave and reenter with AP. does that change my status to entered with inspection when applying to change status?
Anonymous2 views3 answers
i have had tps for more then 10 years but have had longer then 1 year without status before i got tps. I want to apply to change my status now that i am married to a USC and have children here in the USA, however i do not want to be banned for 10 years in the process. looking for the best way to do this. i also have not been to my birth country in 18 years and my mom really is ill (she's 82). so naturally i would like to see her but not at the sake of loosing my family here. Should i apply for advanced parole now or after i apply to adjust status? Also is there any way to get my green card without being banned to my country for 10 years or even months of waiting to prove how hard it would be on my family. please any advicesis helpfull.
If you acquired unlawful presence of over 1 year prior to TPS then you will trigger the bar once you leave the U.S. with or without a travel document (or advance parole) so I do not recommend doing that. However, USCIS has proposed a rule to change the unlawful presence waivers which may help in your case. You should contact a good attorney to help you.
This can be very complicated because of the statute dealing with TPS travel. I have actually litigated this case once and we resolved the issue and the residency was granted but the main issue about the bar was not resolved since residency was granted. You really should discuss with an experienced lawyer who had dealt with this situation before. There is not a simple answer but I do not agree with the other lawyer. Go see your relatives and apply.
