Posted by: Sql_server July 11, 2022
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Benedict, I think you ought to look at INA 245(k). INA 245(k) states that —
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days-
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
Now this means since the TPS travel would be considered as an ‘admission’ not ‘parole’ and if the applicant does not violate the terms of *this* admission they are eligible for AOS via EB.
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days-
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
Now this means since the TPS travel would be considered as an ‘admission’ not ‘parole’ and if the applicant does not violate the terms of *this* admission they are eligible for AOS via EB.