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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3194
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Filed i-130 to petition for my mom. She's in the US with

Customer Question

I am US Citizen and filed i-130 to petition for my mom. She's in the US with TPS. She was granted TPS in 2001 but entered the US in 1992 without inspection. The i-130 was approved but I am now hesitant to file the petition to adjust for permanent residency. What will happen if I do? Will it be denied based on entry and will she have to leave?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 2 months ago.

Hello, my name is ***** ***** I will be the licensed immigration attorney helping you today.

If you file the Application to Adjust to Permanent Residency (I-485) now it will get denied because of your mother's unlawful entry. If she gets denied there is a chance she could be put into immigration court proceedings, but even if she is not, you will lose the fees you paid.

In order to be able to apply for the I-485 she will need a legal entry into the US. What she can do to get that is to apply for an advanced parole to travel outside the US using form I-131. She would need a reason to travel outside the US such as a sick/dying relative or maybe someone that has recently died. It can also be for work. Submitting document proof will be helpful for it to get approved but not required. If she is approved then she can travel outside the US temporarily for a few days or a few weeks. She would then return to the US and she should be allowed in because she has the permission. She may be questioned, but that is normal and should be allowed back. Once she is back in the US, she now has a legal entry. At that point she can submit the I-485 with proof of her legal entry.

Good luck to you during this process and I hope this answer has helped you!

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