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Your help is greatly appreciated!!!! AOS/TPS

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  • Your help is greatly appreciated!!!! AOS/TPS

    I'm a us citizen who petitioned for my husband back in 2009. I130 did get approved but he was not eligible to adjust due to his illegal entry back in 1999. Long story short he applied and was approved for tps (Haiti) multiple times. He finally applied for advance parole, traveled to Haiti and returned successfully with an I94. USCIS agent said that he is able to adjust his status because he has been inspected. He is currently out of status because he hasn't renewed his tps yet although his EAD is extended till June or July. I plan on renewing his tps and applying for AOS. I know that I don't need to renew the tps since hes adjusting his status through me but I don't think it hurts to have it as a back up plan. I've read that renewing his Tps would not affect his AOS in anyway and the process is much quicker.

    1. Since I'm renewing his tps should I choose the option to not apply for EAD since it already comes with the AOS package?

    2. Since I'm applying for a EAD with AOS do I chose the option renew or permission to accept employment and what category would that be?

    3. Aos package is 1225 and tps renewal is 85 by itself. Should I send two money orders, one for 1225 and another for 85?

  • #2
    Originally posted by Richonne1987 View Post
    I'm a us citizen who petitioned for my husband back in 2009. I130 did get approved but he was not eligible to adjust due to his illegal entry back in 1999. Long story short he applied and was approved for tps (Haiti) multiple times. He finally applied for advance parole, traveled to Haiti and returned successfully with an I94. USCIS agent said that he is able to adjust his status because he has been inspected. He is currently out of status because he hasn't renewed his tps yet although his EAD is extended till June or July. I plan on renewing his tps and applying for AOS. I know that I don't need to renew the tps since hes adjusting his status through me but I don't think it hurts to have it as a back up plan. I've read that renewing his Tps would not affect his AOS in anyway and the process is much quicker.

    1. Since I'm renewing his tps should I choose the option to not apply for EAD since it already comes with the AOS package?

    2. Since I'm applying for a EAD with AOS do I chose the option renew or permission to accept employment and what category would that be?

    3. Aos package is 1225 and tps renewal is 85 by itself. Should I send two money orders, one for 1225 and another for 85?
    Here's a link to useful info on automatic extension of EADs for those with TPS-Haiti. https://www.uscis.gov/humanitarian/t...-country-haiti

    You should still get his TPS-EAD renewed and that will have a July 22, 2019. In the mean time, I would get the AOS application going, as well. They're separate. If you look at "where to file", you will see they're mailed to different PO Boxes. Thus, get two money orders and make sure each package goes to the correct PO Box.

    1. Choose the option to renew his EAD till July 22, 2019.

    2. He will get another EAD through AOS. Thus, check "permission to accept employment". The category:

    Per the I-765 Instructions, page 10.
    Adjustment Applicant--(c)(9). File Form I-765 with a copy of the receipt notice or other evidence that your
    Form I-485, Application for Permanent Residence or Adjust Status, is pending. You may file Form I-765 together
    with your Form I-485.

    All the best.

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