Hello everyone,

I need some suggestion regarding my issue. It’s little long story but all the suggestion is highly appreciated.

I have filed asylum in past and was denied or closed and never reopened the case. I came back to f1 status after that and completed my study and all. Then I was out of status for some time, more than 180 days. When tps was assigned for nepal I filed and stayed in tps. I filed the AOS based on my wife dependent from her work. My AOS was denied for being out of status for more than 180 days. Then I applied for advance parole and came back from nepal and renewed my i94 and refilled the i485 based on i130. Now finally they scheduled me for an interview.

Now my question is do I have to get a lawyer for the interview since my case is So messed up,

Since my admission is parolee, will it gonna affect anything on the interview.

If anyone went through such issue or case please advise me.

As far as I know, if you were able to get the advance parole and left the country and re-entered already without any problems, with a new i-94, then you are good because the days when you were out of status in the past in US get "erased" technically. You have a status now. This is also because the obligation to block your entry lies on the people at POE, if they have not blocked your entry then you already passed the test of being blocked to enter. USCIS will look into that and only consider the recent activities.
That was one of the hidden advantages of TPS I knew for people who were out of status. This I am telling you from my own studies, please also do your research like entering terms like (out of status + new i-94 + erase) in google. I do not think you would need a lawyer for this as a lawyer can only do so much like preparing your case, but you yourself have to speak for yourself. But again it is your call as I am not a lawyer myself, just sharing my knowledge.
At the interview, do not talk a lot about everything like what you did, unless asked, keep it short and to the point. Good luck.

Get a lawyer. This affects your entire future.

If the petition is based on i-130, then my experience says the lawyer can help you prepare papers and all and even accompany you to the interview but they are not allowed to speak at all, unless they are asked by the USCIS interviewer. You have to speak up yourself. But we do hire lawyers for the peace of mind, and they make hundreds of dollars per hour yes. Lawyers will talk to you in technical language and it can be assuring for some people. My experience says most of the times, they themselves are not sure what the USCIS officers are going to do or say.

P.S. are you in touch with the lawyer who helped you file the i-130 in the first place?

TPS is not considered legal status (only temporary) in most of the states . Reentering via AP do not erase the out of status period however if this greencard is via employment there is a chance, I believe. Also I thought USCIS is not conducting any greencard processing after the Trump announced the executive order. Am I missing anything?

Also AOS is almost impossible if out of status or worked without authorization. Since it is clearly asked in the I-485 Form and you don’t want to lie. Not sure if consular processing is applicable to you.

Well, that was what I studied some time back when TPS was first announced. My understanding is that a new i-94 has a new expiration date of D/S or duration of stay.
BTW How is it possible that the employment based people will be able to adjust even after being illegal for some time and not the family based people? And looks like he has a stronger tie of his wife petitioning for him here.
If he fails the AOS then he has to go back to Nepal and go through consular processing in Nepal which can be dicey.

I did not say TPS is a legal status, it is just a relief yes sir.
Since he got the advance parole and he left and came back and now the AOS interview date, he seems to have a chance, I like to believe.
I have seen people with so complicated situations getting through the AOS, so lets hope for him.

If his wife is a US citizen, then he might be in better position though.

I m not current filing AOS but instead based on i130. My wife is a green card holder as well and I filed when it was concurrent. Everything is already send to uscis and finally on i485 the interview will be scheduled bhanyo.
Now when I filed paper works, I was a applicants but if I planned to get a lawyer do I have to request uscis for the lawyer or just get a lawyer for interview

Not sure why USCIS will provide you a lawyer, but your personal lawyers sometimes during interview is very tricky, sometimes the Visa Officer see as it as nuisance , if you are filing based on family based , you are not qualified due to out of status. You have to wait until your wife becomes citizen. As I understand USCIS is suspending all the green card processing except some medical professionals until further notices.

तपाईंलाई मैले राम्ररी बुझेन। तैपनी मैले जे बुझे तेसको आधारमा भन्दैछु।
तपाईंले I-130 आँफै फाइल गर्नु भर AOSको ईन्टरभीउको डेट कुरिराख्नु भाको भन्नु भाको हो भने, कुरा गर्न सक्नु हुन्छ इम्मिग्रेशन वकिलसँग अप्पोइन्ट्मेन्ट लिएर। तपाईंको नजिकतिर साथीहरुले चिनेको कोइ छ होला नि।
मैले बुझेको चै तेही थियो, i-94 नयाँ आएपछी प्रब्लम नहोला भनेर किन भने एन्ट्री फेरी भएपछी नयाँ स्टे शुरु हुन्छ भन्ने मैले बुझेको खैर। पहिला एक्चोटी पनि AOS को इन्टेर्भिउ लीसक्नु भाको भए अब दोस्रो आउँदैछ भने try गर्नुस्, जे हुन्छ अब देख्नु होला। नत्र चै वाइफ सिटिजन हुँदा सम्म कुर्नु पर्ने हुन सक्छ। अनी नेपाल गएर कन्सुलर बाट नै आउनु पर्ने होला।

I did this research a long time back and after that my understanding stayed the same. Now when I looked again, I see this link that kind of says that once you depart US, your previous out of status kind of "ends". Please check out. I may be wrong. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

Before it was hard to come back after you are illegal here because of that 5 year or 10 year ban, now thanks to TPS, people are coming back with parole etc. and technically whoever has incurred illegal stay in the past are now back in some kind of legal but temporary status and can enjoy some other immigration benefits like AOS------> this was my understanding.

Previous out of status end when you depart the US and may be inadmissible in future (5 or 10 yrs ban) unless you have new valid visa to enter . Advance Parole is just a temporary absence from US and not considered Departure. It doesn’t erase the past out of status.

Long story short if you are out of status for more than 180 days, You can’t adjust status with greencard wifey, need to be citizen. You could do AOS via your employer given that you reside in a state where TPS is considered legal status and you departed the country & re-enter with advance parole. But that’s a long shot. Consular processing is the only way to adjust your status given that you are not officially charged by the court that you violated your status or any reinstatement was denied.

Since your I130 petitioner is a PR and not Citizen, you might be adversely affected as a result of this Policy Memorandum published in July 2019, assuming you reside out of 6th and 9 th circuit.
Prior to this memorandum, Bennedict’s response would have been mine too.
Lawyer would be able to make closing remarks at the end of the interview, but I doubt on their ability to sway officer in either direction, with fact being there as it is regardless.
The memorandum however might not be applicable in your case as you have an advantage of being paroled by actual travel rather than afforded by virtue of being in TPS.

Good Luck

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2019/Matter_of_H-G-G-_Adopted_Decision_2019-01_AAO_July_31_2019.pdf

You guys (Mangale and Gandharba) are so good with your explanation and knowledge. I think I was stuck with whatever I assumed I knew at one point of time, but with immigration, things keep changing and evolving. I do not want to misguide anybody with my incomplete knowledge and learning at all. I felt I was learning more at the time when my own immigration matters were going on but once after that, I stopped learning, which is my own fault.
Thank you again for sharing your knowledge. Keep up the good work!
B.

Lots of great advices here in Sajha. I have found very helpful suggestions related to immigration stuff in here. I am hoping to get one for myself as well.
My situation:
I am on TPS currently, came in as F1 and never been out of status. travelled to Nepal couple years ago with advance parole and was paroled to the U.S without any problem. My employer filed I 130 under EB3 and it got approved. Now it's time for me to apply for I 485.
I currently am living in 11th circuit state. I have read many articles in last few days about 11th circuit not accepting TPS as "admission" so I would probably have to go back to Nepal to get a visa for I 485. Also found some articles that say, one will be able to do AOS in 11th circuit if they have been "paroled". Not sure of what is true.
Anyone gone through similar situation? I am hoping to get some good advises and suggestions from the members who have been through same situation. I am also looking forward to hearing your experiences regarding filing I 485 after i130 approval and what documents should I be gathering for filing I-485. Thank you all for sharing your experiences.

You are good. I was in similar situation. No need to do anything.