Help complicated case tps hait i-130 approved i-485????

[Coicout]

Im going to make a second attempt to post, the first time I tried it didn't post properly so here we go.

I entered the US on 2004 at the age of 8, ILLEGALLY with no inspection. I obtained TPS through the Haitian earthquake and kept the status ever since. I met my husband and got married on December 20, 2017. An attorney told me that I was able to leave with Advanced parol and reenter the country to get inspected. I went to Haiti and then proceed to apply for I-485, I-130, I-131, I-864 and I-765. I got an I-94 and DA inspection while coming back to the US. I recently just came back from my interview today and was told that my I-130 will be approved but sadly my I-485 was denied. At this point i'm not sure what to do and what my options are. Im certainly afraid to return back to Haiti on a 10 year ban, if anyone have any Idea as to what I can do. I haven't received any letter in the mail yet with a denial since my interview was today. I do plan on getting a lawyer, In the meantime to calm my nerves I would like to know If I even have options or will I just be deported.




Case Update

its been 7 months and I haven't heard anything from immigration ever since I received the I-130 approval in the mail back in May. I called USCIS several times and spoke to a level 2 officer and he told me that the last update with my case that USCIS haven't been able to decide with my case because of a background check. I never knew that USCIS conducted background checks but I learn something new every day. At the point, I don't know what to do. I can’t hire an attorney because they don’t know where to start until Immigration decides on my case. Also, if anyone can explain this adopted decision that was made back in August and how it may also affect my case please feel free to assist. I attached the link below.




Matter of H-G-G-, Adopted Decision 2019

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2019/Matter_of_H-G-G-_Adopted_Decision_2019-01_AAO_July_31_2019.pdf

[newacct]

So was your I-485 denied or is it still pending? Is your husband a US citizen?

Regarding the decision, so basically, Adjustment of Status requires a legal entry (admitted or paroled). So for someone who entered the US illegally, like you, you would not normally be able to do AOS even if you are married to a US citizen. In the 6th and 9th Circuits, a grant of TPS is itself considered admission, so someone married to a US citizen who entered illegally and got TPS, would be eligible for AOS without needing to leave and re-enter with Advance Parole. In other parts of the US, a grant of TPS is considered to be in status for the purposes of AOS, but is not considered an admission, so someone married to a US citizen who entered illegally and got TPS, would not be directly able to do AOS, but if they can get AP and leave and re-enter, they can do AOS because they are now paroled. You left and re-entered on AP (you were paroled), so you are eligible for AOS in any part of the US if you are married to a US citizen. It doesn't matter if you are in the 6th/9th Circuit or not.

There is another aspect which is that there is a bar to AOS to people who are out of status, or who have ever previously (on the current or previous stay) been out of status. Even though TPS is considered to be in status for the purposes of AOS, if you were out of status before getting TPS, this bar would apply even though you got TPS. Now, this bar does not apply to the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), so if you are married to a US citizen, you don't have to worry about this. But if, say, you are married to a US permanent resident, and you were out of status before getting TPS, then you cannot do AOS, even if you left and re-entered on AP. The decision says that this is true in all parts of the US.

[Coicout]

Its still pending, but the officer who did my interview at the Oakland park office in Florida said that I he would approve the I-130 which he did, and expect a denial for my I-485 in a month and its been nearly 7. I entered the US a minor I was 8 years old and when I got on the TPS I was 15 and never stop applying a decade later. "Technically I was never out of status" until today I continued to apply just to be safe.

[newacct]

Its still pending, but the officer who did my interview at the Oakland park office in Florida said that I he would approve the I-130 which he did, and expect a denial for my I-485 in a month and its been nearly 7. I entered the US a minor I was 8 years old and when I got on the TPS I was 15 and never stop applying a decade later. "Technically I was never out of status" until today I continued to apply just to be safe.

You were out of status from the illegal entry until you got TPS. You didn't accrue "unlawful presence" since you were under 18, but you were out of status. Again, this doesn't matter if you are married to a US citizen.

I don't know why they told you they would deny you and then haven't denied you yet. Maybe they changed their mind.