QUESTION

Do I need to file I-130 only, I-485 only or both forms if I have TPS?

Asked on Oct 19th, 2015 on Immigration - Georgia
More details to this question:
My mom became a legal resident this year. I am current in the USA, came here year 2000 with a tourist visa and overstay but same year 5 months later in 2000 I was able to get TPS (temporary protected status) work permit. I am still under TPS. My mom wants to petition me. My understanding is to do just I-130 only to get me in line but I live in the USA and have legal status (TPS). It is kind of confusing.
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2 ANSWERS
Answered on Nov 02nd, 2015 at 6:14 AM
At this time I-130 only.

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Answered on Oct 30th, 2015 at 7:02 AM
The fact that you have TPS status does not alter the analysis that your mother, as a Permanent Resident, would need to sponsor you in a visa preference category for which there is a backlog for visas. Until a visa becomes "immediately available," you would not be eligible to file a Form I-485 Application for Adjustment of Status. It would be wise to work with an immigration attorney who, after learning all of the relevant information about you and your circumstances, would be able to advise you and your mother about eligibilities, options and strategies and offer legal representation to you in achieving your immigration-related goals.

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