Immigrants who qualify for Temporary Protected Status (TPS) are eligible for Advance Parole, which allows an individual to enter the US based on their underlying status. This advance parole may be used to allow an individual to adjust their status to a lawful permanent resident. In April of 2012, per the Matter of Arrabally and Yerabelly, the Board of Immigration Appeals ruled that traveling with advance parole is considered lawful admission, which means that any petition by a U.S. citizen, spouse, or child can be used to adjust status. This is also valid if the petitioner is a lawful permanent resident or employer.
The New York City immigration law firm of Berd & Klauss PLLC has extensive experience handling adjustment of status through TPS and advance parole. While it is a legal and effective measure for adjusting one’s status, there are only citizens of certain countries who qualify for TPS. These countries include El Salvador, Honduras, Haiti, Nicaragua, Sudan, Somalia, and Syria. Since an advance parole is a lawful entry, there is no need to file a waiver. This presents an advantage, as waivers can be difficult to obtain since extreme hardship on the part of U.S. citizen, spouse, or parents must be proven.
However, adjusting your status using Advance Parole does require the applicant to travel abroad and return to the U.S. in a time according to the advance parole, and then file for an adjustment of status. This is a tremendous convenience for anyone without a visa who is married to a U.S. citizen. However, any grounds of inadmissibility, including any criminal convictions, will impede you from adjusting your status with advance parole. Since immigration law is inherently complicated, it’s highly advisable to confide in a skilled attorney. For expert advice and representation, visit Berd & Klauss PLLC online.