Q: Could I apply for AOS after court closed and USCIS denied my AOS for not submitting evidences. Didn't file i290B on time
I would like to travel but have only TPS application pending. I traveled with Advanced parole in 2023 while i had the AOS application from 2018 pending with USCIS. Do i have a legal entry? I filed it because i never received an NTA. Now my court closed and they opened my AOS but gave me 30 days to send the i290b and i had problems w my sponsors and didn't send it.
That NTA charged me with entering illegally but is not true i was waived in . My question is if i had that inadmisibility will i have problems with USCIS? Or it was forgiven by the judge? can i introduce my new AOS without problem? There's anything special to address?
They sent me a nasty letter telling that i will be deported and i was not w status when applying for AOS. But i had a pending TPS application. I'm from Venezuela
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A:
In your situation, it's important to understand that the denial of your Adjustment of Status (AOS) application by USCIS and the failure to timely file an I-290B (Notice of Appeal or Motion) can complicate your case. Even though your court case was closed and your illegal entry charge was addressed, these issues can still impact your eligibility for a new AOS application.
Your travel with Advance Parole while having a pending AOS from 2018 indicates that you had a lawful entry, which is a positive aspect for AOS eligibility. However, the issue of inadmissibility raised in your Notice to Appear (NTA) and the fact that you didn't submit the I-290B within the required timeframe could be problematic.
Before reapplying for AOS, it's crucial to address these complications. This may involve providing clear evidence of your lawful entry and resolving any issues related to your previous AOS denial. Since you have a pending Temporary Protected Status (TPS) application and are from Venezuela, this may offer some protection against deportation, but it does not automatically resolve AOS issues.
Given the complexities of your case, including the past denial, the NTA, and your TPS status, consulting with an attorney who can review your entire immigration history is essential. They can advise on the best course of action for reapplying for AOS, taking into account the specific details of your case and any recent changes in immigration policies or laws. Remember, navigating immigration law requires careful attention to detail and an understanding of how various aspects of your case interact with each other.
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