I am a USC, and my wife of nearly 11 years EWI'ed from El Salvador in Oct 1998. From 2001 to present she has been a TPS beneficiary. Since arriving in 1998, she has never left US soil, nor has she had criminal convictions. She has accumulated roughly 3 years of unlawful presence.
I was able to sponsor her youngest daughter, who was under 16 at the time of marriage and is currently a naturalized USC.
After my wife's mother passed away earlier this year, she applied for and was granted advance parole. We are getting ready to leave in the next couple of weeks, but notwithstanding the BIA's decision on the Matter of Arrabally and Yerrabelly, I am slightly worried that she will trigger the 10 year ban, either upon entry or at a later date when she applies for AOS.
There has been discussion as to whether Arrabally and Yerrabelly applies to all grants of advance parole or solely to parole issued as a result of pending application for adjustment of status. My interpretation of the BIA's decision is hat it is applicable to any lawfully issued grant of advance parole. I have a number of TPS clients for whom we have pursued this avenue of relief (including some who executed removal orders upon their departure) and have applied for adjustment of status after having been paroled (and for a waiver of the 10 year period of inadmissibility as a result of their deportation).
There is no such thing as the "perfect" case. Every case has some element of risk associated with it. if you have not already retained counsel to address these issues then you should do so. This is a procedural change in the law and USCIS officers have not received any specific guidance on it.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation.
I cannot predict actions of Customs officers at the border, but a person with TPS, and advance parole routinely paroled back to the US. That what your wife needs to be able to adjust in the US.
This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.