This is my situation I came to the US EWI when I was 9 from Honduras, been having TPS since age 14 and now I'm 21 and still up to date. I married a permanent resident on April 2006 and the USCIS received the i130 on May 2, 2006, my husband became a citizen on August 9 I already called and sent a copy of his naturalization and it should be updated within 30 days.

My lawyer recommended processing the i130 with consular processing meaning I'll have to travel to Honduras to pick up my visa since I can't adjust status here due to my EWI. I'm a little bit skeptical about my lawyer since he makes everything sound so easy and uncomplicated that sometimes I have doubts about it. His reasons why I won't have problems picking up the visa in Honduras are, I haven't accumulate unlawful presence since it starts after a person turns 18 and when I was 18 I was already protected under the TPS and it has never expire. According to what he tells me a person under TPS is a "authorized stay" and is not accumulating unlawful presence and the other time doesn't count since I was under 18. He also recommend me traveling with advance parole that way I will be less preoccupied regarding this situation.

Here is my question, is he correct? Will I have any problems once I go to Honduras like having to apply for a i601 or something. How long will all this process take for example the i130, the interview or the whole process since I live in New York. Any help will be highly appreciated it

Hi, GIGI85, For no reason should you leave the country, That happened to me I enter the STATES EWI when I was 6 years old. I was told to go pick up my VISA in my country that it was going to be okay, I have been in my country for 4 years with nothing solved. Get another lawyer and fix everything in the STATES, BUT DO NOT LEAVE THE COUNTRY FOR NO REASON AT ALL. Hope this could help!

Thank you Chetif for your response.........
Could you please tell me a little bit more about your situation of course if you don't mind.....
1.You came EWI at the age of 6 from which country and when did you leave the US?
2.What kind of petition did you have?
3.Is the reason why it took so long is because you accumulated unlawful presence after you turned 18 and had to apply for I601 waiver?

DO NOT LEAVE THE COUNTRY!!! You are married to a US citizen. What on earth are you going to do waiting in Honduras - you may never get out of there! Wait here to get the I-130 approval notice and go from there. Get another lawyer. Go to the USCIS website. Look up approval dates for I-130 applications to get an idea of the timeline.

Without knowing much about TPS, the advice lawyer gave you sounds correct, but you can always ask for the second opinion.

You can wait in the US while I-130 is being processed and then go to Honduras a few days before the interview.

Thank you so much ..............According to my lawyer and what I have read so far the reason why I can't adjust status in the US is due to my EWI (Entry Without Inspection). I'm waiting on the I-130 to be approve and then send it for consular processing and once I have a visa interview with the consul in Honduras leave a week before that way I could get my medical done over there........I'm just a little bit concern that's why I'm looking for second opinions and advices ....

I just received an e-mail yesterday with the i130 approval but now I'm more confused than ever don't know which step to take


P.S PLEASE don't bother responding if you are going to say something offensive, racist or prejudice remarks, like I've been seeing lately in this forum if that's the case don't even waste your time responding to this. Create your own post and don't waste my time or others people who are looking for real help. I'm an educated person and if you think you are please respect other people that way they could respect you.


Any help will be appreciated..........

no you do not have to leave you need to file status of adjustment with ins. your spouse could have file the i-130 and i-485(ajustment) together but since she didn't you can do it now. if you call ins or go to web site immigration and naturalization you can request the petion packet for relative, it will include everything you need just leave out the i-130 since you already filed

quote:

Originally posted by pamie:
no you do not have to leave you need to file status of adjustment with ins. your spouse could have file the i-130 and i-485(ajustment) together but since she didn't you can do it now.

EWI can't adjust status unless the petition is under 245i (not the case here)

quote:

Originally posted by GIGI85:
According to my lawyer and what I have read so far the reason why I can't adjust status in the US is due to my EWI (Entry Without Inspection).

correct

This is a strategy that I have used for individuals like you to avoid consular processing: As someone who is on valid tps (and never been ordered removed or taken VR before an Immigration Judge), you are also eligible for travel authorization by filing an I-131 application (that application won't be approved unless your TPS status is valid). With that advance parole document, you'd be able to leave the US and return lawfully. And, because of the lawful entry, you'd be adjustment eligible pursuant to section 245a of the Act. Without knowing your particular immigration history, I cannot say that this strategy will work for you, but it is certainly worth discussing with your attorney.

from another website: "An individual granted TPS must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad, though permission to travel may be granted by the district director according to the Service's advance parole provisions. There is no appeal to a denial of advance parole. Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS and/or the institution or re-calendaring of removal proceedings."

Im in a similar situation and was wondering how everything worked out for you? Wouold you recommend that route to someone else.

Thanks

any updates on this ?? my g/f is also under TPS status but entered here illegally (states she entered from Mexico). We are about to get marrried. I am a US citizen. What next ??

Hi Firstinlastout,

Out of curiousity, how did your girlfriend quality for TPS? You said she entered illegally from Mexico?

What's TPS? And how can one enter in the states with EWI? Just thought I would learn something...:x

Hi Jeanine,

TPS = Temporary Protected Status. The reason I asked the question was Mexico is not on the list of countries where certain people qualify for TPS in the US.

quote:

Originally posted by ProudUSC:
Hi Jeanine,

TPS = Temporary Protected Status. The reason I asked the question was Mexico is not on the list of countries where certain people qualify for TPS in the US.

Some folks in TPS left in the middle of the night with whatever they could leave with and hit the road. They traveled through other countries by whatever means was available and came through Mexico to enter the US.

tps my behind....please gigi85...leave my country...you are a fraud.....

hey Hondureno,como te fue ?espero que todo te este bien.Yo tengo un amigo que esta asi tambien ,esperando.

quote:

Originally posted by republicanwriter:

quote:

Originally posted by ProudUSC:
Hi Jeanine,

TPS = Temporary Protected Status. The reason I asked the question was Mexico is not on the list of countries where certain people qualify for TPS in the US.

Some folks in TPS left in the middle of the night with whatever they could leave with and hit the road. They traveled through other countries by whatever means was available and came through Mexico to enter the US.

Thanks, RW. I didn't think of that possibility. I guess we need for the OP to return and provide more information.