AOS through TPS

[newacct]

no i-485 filed

Sorry, I was thinking of the wrong person.

[madkat]

I decided against consular processing as there is too high of a risk. As for I-485 denial goes, will it be denied before, at or after the interview?

[newacct]

I decided against consular processing as there is too high of a risk. As for I-485 denial goes, will it be denied before, at or after the interview?

You are 100% not eligible for AOS right now. Don't waste your money.

[azblk]

I decided against consular processing as there is too high of a risk. As for I-485 denial goes, will it be denied before, at or after the interview?

On what basis do you say consular processing is too risky when you left and returned on AP?

Like newacct said don't waste your money apply for AOS as it will be denied. You most likely will get an RFC to provide evidence of CONTINUOUS legal status which you wont be able to do and your case will be denied before interview and you will be out of $1200 or so.

[newacct]

If you refuse to do Consular Processing, your only other option would be to wait until your spouse naturalizes and then do AOS.

[madkat]

On what basis do you say consular processing is too risky when you left and returned on AP?

When I left and returned on AP, it was during a less hostile climate of the previous administration and the TPS had not terminated yet. Also based on what newacct indicated, visa denials are final. It sounds like such denial would possibly mean several years of separation between me and my spouse. We may just have to opt for this route, but I am trying to exhaust any other possibility before we conclude to it.

In an unlikely scenario, if I were to convince my employer to sponsor me for green card , will I be able to apply for AOS then?

[newacct]

In an unlikely scenario, if I were to convince my employer to sponsor me for green card , will I be able to apply for AOS then?

AOS in employment-based categories is okay as long as you haven't been out of status or illegally employed for 180 days since the most recent admission, according to INA 245(k). Entry on AP (parole) doesn't count as admission, so it doesn't reset the number of days. I don't know how many days you were out of status before you got TPS. Also, you said you are in a circuit where TPS is considered to count as an admission for AOS purposes, which should mean that it resets the days for 245(k) also, in which case it doesn't matter how long you were out of status before TPS.

[madkat]

Hello all,

I have been working on proceeding with Consular Processing in last few months and I am at a state where I am reviewing DS-260 for submission. There is a section where it asks you to disclose your employment. I have been in the US for over 18 years and have worked most of those years. How far in the past do I have to disclose the employment from? I have been in TPS with EAD since 2015, but the work I did before that were unauthorized (in check).

[madkat]

I would highly appreciate any input that you are able to give here. Also, if IV is denied during Consular Processing what options will I be left with?

[madkat]

Any input on this?

[newacct]

Hello all,

I have been working on proceeding with Consular Processing in last few months and I am at a state where I am reviewing DS-260 for submission. There is a section where it asks you to disclose your employment. I have been in the US for over 18 years and have worked most of those years. How far in the past do I have to disclose the employment from? I have been in TPS with EAD since 2015, but the work I did before that were unauthorized (in check).

I thought you were doing AOS?

You have to honestly answer what the form says. If it says provide all your employment in the last 10 years, then you have to provide that -- all work, no matter if you worked legally or illegally. Whether you worked illegally or not does not affect your case.

[madkat]

I thought you were doing AOS?

You have to honestly answer what the form says. If it says provide all your employment in the last 10 years, then you have to provide that -- all work, no matter if you worked legally or illegally. Whether you worked illegally or not does not affect your case.

Thank you so much for the response. I didn't realize there was a response made, hence the late reply.
I took into account about advise and decided not to go with AOS.
The DS-260 does not specify any timeline in the form so I am assuming I have to declare all places of employment. My hesitation is with questions that may arise with the declaration such as how I was able to work in check in the first place.