My i-130 was approved but I couldn't apply for AOS because I was an EWI. How do I get a new i-130? will i have to file a new i-130 or i can just ask them to reopen it? I plan to got o my country with advanced parole to get the f-1 visa I am an immediate relative of an US Citizen.
I have TPS, i don't have the 3-10 year bar. i don't need a waiver for unlawful presence.
You do not require a new I-130 because I-130s do not expire. You need to ensure that you will qualify for advanced parole. If you do not have a pending I-485 (green card application) that may be problematic, unless you qualify for advance parole for some other reason. Your TPS may protect you from unlawful presence, and if you do obtain advance parole under the Board's recent decision in Matter of Arrabally, you should be protected against triggering unlawful presence. Another option, to be absolutely protected, would be to file a waiver of inadmissibility for unlawful presence and waiting for a decision even before traveling abroad to consular process to ensure that you are absolutely protected before traveling abroad. Please be advised, however, that these are general responses and to obtain legal advice, you should seek an attorney's advice and show the attorney all of your immigration documentation prior to making any decisions about how to proceed.
If you are an EWI, you will not be granted an F visa. What I urge you to do is speak to an experienced attorney right away. I would advise you against leaving the Country prior to speaking to an attorney who can ask you additional questions and give you sound advice. Good luck.
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You might be able to adjust your status if you have a valid advanced parole, and if you are able to enter the U.S. as a parolee. How are you qualified for your advanced parole? Is it based on Family Unity Benefits or your TPS?
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
Criminal Defense Attorney
Your I-130, once approved, never expires. If you entered the country EWI and now leave the country, it is unlikely that you will be granted F-1 visa. I highly suggest that you consult with experienced immigration attorney on this.
Contact Shokry G. Abdelsayed, Esq. at 201-471-7989, NY and NJ. Answers on AVVO do not constitute legal advice and do not form an attorney-client relationship. Always consult an attorney for a legal advice.