Posted by: IC1101 August 17, 2020
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Same boat here, f1-TPS, visited Nepal on TPS AP and came back and was inspected and Paroled before I initiated AOS.
According to USCIS guidance "If an alien under TPS departs the United States and is admitted or paroled upon return to a port of entry, the alien meets the inspected and admitted or inspected and paroled requirement provided the inspection and parole occurred before he or she filed an adjustment application. The applicant, however, must still meet all other requirements to be eligible for adjustment."
This should have sufficed the criteria but for some reason the officer handling the case determined it was not lawful admission on my case even when there is clear evidence that I was inspected and paroled before I initiated AOS. Issued RFE, then denied 485 on same ground before the interview date was issued, and also denied I290 b (motion to reopen the case). Have talked to multiple layers and they all say this is an error on USCIS’s part and next step would be either file for second i485 or complaint to the court.
However, after reading some blogs here I see a pattern. I am seeing AOS for F1 - TPS is well and good for folks who did not leave the US with AP but not for those who left.
Does anyone know TPS holder who left on AP and came back with successful AOS? Can you share your experience please?
Good Luck to All!
According to USCIS guidance "If an alien under TPS departs the United States and is admitted or paroled upon return to a port of entry, the alien meets the inspected and admitted or inspected and paroled requirement provided the inspection and parole occurred before he or she filed an adjustment application. The applicant, however, must still meet all other requirements to be eligible for adjustment."
This should have sufficed the criteria but for some reason the officer handling the case determined it was not lawful admission on my case even when there is clear evidence that I was inspected and paroled before I initiated AOS. Issued RFE, then denied 485 on same ground before the interview date was issued, and also denied I290 b (motion to reopen the case). Have talked to multiple layers and they all say this is an error on USCIS’s part and next step would be either file for second i485 or complaint to the court.
However, after reading some blogs here I see a pattern. I am seeing AOS for F1 - TPS is well and good for folks who did not leave the US with AP but not for those who left.
Does anyone know TPS holder who left on AP and came back with successful AOS? Can you share your experience please?
Good Luck to All!