Manuel Marquez
Jul 4, 2022
TPS Approved & AOS
Hello everyone, regarding the memorandum about the TPS policy on admissibility that was just released on July 1st, advising that we can now apply for a travel permit instead of advance parole to travel outside the US and when returning we would be admitted with a legal status (erasing any illegal entry or overstayed visa) so those with possibilities of adjustment of status (TPS approved with family, marriage o employment based petitions) will now be allow to do it without leaving the country for a consular process, it might be too soon to know because the immigration laws are sometimes complicated to interpret, but here is my question: I entered the US legally but I overstayed my B2 visa for 10 days, I have a TPS approved and I130 family based F2B approved (unmarried son over 21 of a permanent resident), now, with this USCIS decision I wouldn't have to apply for a waiver due to my overstay nor will I have to travel outside to a consulate for an adjustment of status, does this process still goes to the NVC in order for a visa number to become available? Even if I'm already in the US with lawful status.
ADVERTISEMENT
Yaz zJul 5, 2022
To my understanding, when you enter the country legally (tourist visa) but overstay your visa. Immigration qualifies you are an illegal documented. This means that you can make adjustments to your status inside the US; therefore no need to leave the US. I think that this new policy will benefit the illegal undocumented. The illegal undocumented are people that enter the country illegally; therefore, they cannot adjust their status in the US. To get their green card, they must leave the country and go to their home country's US embassy to receive their green card, and they may get penalized for 3-10yrs for entering the US illegally. However, they can ask for a waiver. This new memorandum will help a lot of the illegal undocumented. This is very delicate. You may want to consult an attorney
s aAug 13, 2022
interesting question. I’m In the same boat.
s aSep 8, 2022
any update ?
