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.
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.
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