Posted by: furke May 15, 2018
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Thanks you sa209 and momo,
After reading all the dhs memos regarding adjustment of status; here is my conclusion:
1. Adjustment of status is possible even if the individual has been out of status before TPS, but they need to re-enter on advance parole.
2. You only need to have valid status until the date you file your I-485. So, there is still time to get gc via eb-3 even with TPS expiring.
3. If you case was in immigration court before, you need to administratively close the case, and USCIS can have jurisdiction over your case from immigration court and adjustment of status can be approved by USCIS.
After reading all the dhs memos regarding adjustment of status; here is my conclusion:
1. Adjustment of status is possible even if the individual has been out of status before TPS, but they need to re-enter on advance parole.
2. You only need to have valid status until the date you file your I-485. So, there is still time to get gc via eb-3 even with TPS expiring.
3. If you case was in immigration court before, you need to administratively close the case, and USCIS can have jurisdiction over your case from immigration court and adjustment of status can be approved by USCIS.