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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 1070
Experience:  Managing Attorney at a Law Firm
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Left us as refugees to Canada changing mind want to come

Customer Question

Left us as refugees to Canada changing mind want to come back to us what I shout do
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: I have TPS . I thought the were not going to renew it but I just received it in I'm in Canada I want to come back to us
JA: Have you talked to a lawyer yet?
Customer: I have a lawyer in Canada is working on refugee papers but I want to come back to us because I have my job in my fiancée is in us
JA: Anything else you want the lawyer to know before I connect you?
Customer: For now nothing else
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 1 month ago.

Good morning, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Expert:  Nisha Jones, Esq. replied 1 month ago.

To clarify, your TPS is still valid and has already been renewed?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
Has already been renewed
Expert:  Nisha Jones, Esq. replied 1 month ago.

Okay, thanks for the additional information.

Before leaving to Canada, did you apply for Advance Parole and receive travel permission from USCIS?

The problem with travelling while on TPS is that travelling abroad can often times cause you to lose TPS status if you do not first obtain the proper travel authorization.

Customer: replied 1 month ago.
Stil valide
Customer: replied 1 month ago.
what I should do
Expert:  Nisha Jones, Esq. replied 1 month ago.

Okay great, I just want to make sure that you traveled with Advance parole and that you are still within the allotted time frame granted to you on the Advance parole.

Otherwise you may have problems upon attempting to re-enter the US because your TPS could be considered abandoned for failure to maintain US residence, that's why I want to clarify that you had approval to leave.

If you did, then you can return to the US now with your current TPS and should have no problems re-entering.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Customer: replied 1 month ago.
I did not have the aprouval leaving so what can i do ? Can my fiancée come to Mari me or what else can i do to come back without problems?
Expert:  Nisha Jones, Esq. replied 1 month ago.

Unfortunately, you may not be able to re-enter the US, because you left without travel approval. This means that your TPS status will most likely be deemed abandoned due to your absence from the US.

Is your fiance a US citizen?

If so, they can petition for you in two ways:

(1.) as your fiance, or
(2.) as your spouse.

I can explain a little about both of those options for you.

For fiance visas, the processing time is generally around 3-6 months.

Once approved, you have 90 days from the date you enter the US in which you two are to get married.

Once you're married, you can file USCIS Form I-485 to adjust your status to permanent resident.

Here is a link to USCIS with the forms and instructions:
https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

As for the spousal visa, you'd get married first, and then submit USCIS Form I-130 for a spousal visa.

The processing time for this petition ranges between 6-15 months, however you can also file a K3 visa petition so that you can join your spouse in the US while awaiting approval of the I-130.

Here is a link to USCIS with the forms and instructions:
https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

I hope the helps!

Don't forget to leave a positive rating, 5 stars are always appreciated, thanks!

Expert:  Nisha Jones, Esq. replied 1 month ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!