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Question addressed ONLY to Experts in immigration laws: What would be the best course to take in order to adjust my status?

Naples, FL |

I have been granted TPS for the past three years. I'm also a beneficiary of an approved I-130 petition from immediate relative. I have no criminal background, not even a misdemeanor.
Unfortunately, I entered without inspection some years ago. Also, I was placed under removal because my Asylum was denied.
Please tell me, what would be the wise course to take to adjust my status*?
A- Wait to when I can apply for cancellation of removal?
B- Get advance parole under TPS, travel, and once get back apply for adjustment?
C- Wait for the immigration reform talk, if it would really happens?
D- Or, what would you suggest, instead?

*Reopen the removal case is not an option since according to the laws, I'm not an arrival alien.
Thanks for you careful answers!

Thanks Mr Devore for your insight on the matter! The reason why I carefully referred to "Experts", it was to avoid getting inaccurate and misleading answers from those "usual suspects". Look at their answers, pathetic! Just one example, "immediate relative" is spouse/parent/child of a "us citizen'. It's terrible when someone who claims he's an immigration lawyer doesn't even know that basic fact. And the worst is, mostly all the others agree with his answer. Not trying to disrespect anyone here, but it's worth wondering if those so-called lawyers are using "tricks" just to get clients, or can't stay away when they're out of their leagues. Again, Mr Devore, thanks for your answer! Lawyers like you, make it worth to ask question in this website.

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Attorney answers 7

Best Answer

Well, if you want an answer from an immigration expert in the State of Florida, you need to consult with an attorney Board Certified in Immigration and Nationality Law by The Florida Bar. On Board Certified lawyers in Florida are allowed to refer to themselves as experts in their particular field of practice.

The fact that you have a removal order complicates your case, but not to the point where it cannot be resolved. You have a few different options available to you, but applying for cancellation of removal will not be one of them since the stop time rule prevents you from accruing the necessary residence period. Option B may be viable, but there are a number of concerns that need to be addressed. This forum, however, is not the place to get individualized advice, which is what you are asking for.

Since you want an immigration expert, consult with a Board Certified Immigration attorney who can review your case, advise you of the options available, and recommend an appropriate course of action.

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. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


I would suggest "E - Consult with an immigration lawyer rather then trust advice on a public website like Avvo from professional attorney who will have additional questions for you." Avvo is meant for the legal equivalent of simple questions such as "What is the adult dosage for aspirin?" You're asking the equivalent of "Should I get surgery and should I use an experiemental new procedure". There are so many immigration attorneys who will give you a free telephone consultation? Why not pick up the phone and call them? I assure you that you will get a better result in the end.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


My choice is D - Consult with an experienced immigration attorney in your area. You mentioned that you were "placed under removal" because your asylum was denied. We definitely need to know more about that.

Who is the immediate relative? Spouse, parent, child? What is the status of that person? U.S. Citizen, Permanent Resident?

Many more questions than answers here. Please consult with an attorney in your area.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


I agree with my colleagues.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


A is not an option. You need 10 years of physical presence in the U.S. to qualify to apply for cancellation in front of an immigration judge. However, your physical presence "clock" stops with the service of the charging document--the piece of paper that told you to see an immigration judge--these days called a Notice to Appear.

In other words, if you didn't have the ten years before, when you were still in proceedings, you won't have it today, or at any time in the future. Your cancellation clock is permanently stopped.

Mark Robert Barr

Mark Robert Barr


B is intriguing, but given the complicating factor of an actual removal order, I would not do that until your case had been fully vetted by an immigration attorney. The risk here would be self deportation. Even after an immigration attorney reviews the case, you could still find yourself in a situation where your departure would carry a considerable amount of risk.


I agree with my colleagues ... you need a personal and private consultation with an attorney.

To review:

A isn't possible, your cancellation clock has been 'stopped'
B Dangerous, even with the recent court decision
C It might make sense ... it is too early to tell
D ... meet with an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I would take your file to an immigration attorney. A won't work. B probably won't work. In fact it may not be possible to adjust status and you may have to just accept that and hope immigration reform helps your case.

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.