SunDevil - Her husband could attempt to return to El Salvador and try to get a waiver, but the chances are iffy. However, right now he is eligible to legally stay and work in the US as a result of his TPS. If he goes home he will likely lose his TPS status however. Doesn't sound like going home at this point is the best option for them.
Just a hunch, not a legal opinion.
Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com
Yeah but he entered the US from an airplane, technically he was illegal for just a little bit but still he was still granted a TPS, if he crossed the border (illegal aliens), wouldn't US officials will deport him when he applied for the TPS?
HoneyBee: With all due respect, this just doesn't make any sense. If your husband arrived in America by airplane, then how did he possibly avoid being inspected by immigration officials? Quite honestly, your husband needs to stop all the BS and just tell you the truth in this regard.
Either he entered legally, or he didn't. Until you know exactly what your situation is, you can't do anything.
It sounds to me like your husband is spinning you a line...thinking that you're as stupid as he is and won't figure it out.
Wait...he arrived by airplane? Did he have a fake passport, or fake visa? Is that how he came here? Does he still have the fake passport or visa? Although others here may not believe it, he may eligible to adjust if he was allowed entry by using a fake document. He would have to get a fraud waiver.
Honeybee, you need to really give us the full story or ask your husband to give you the full story before you ask questions here. You want help, but you are confusing us with the vagueness of your situation.
Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com
Hi my parents moved to the US in 1987 and they applied for permanent residency status under my uncle who is an American citizen and was at the time well that process took for ever and it finally got aproved two years ago for them but by that time my older sisterfound out that we had gotten ***ped out of the program because we were over 21 years of age already but we were 6 and 8 at the time they applied anyways now we just have TPS but I married my wife and been married for almost 2 years and she is a US citizen and she asked me if I wanted to apply for recidency again maybe under her now but I dont know what to do because I keep getting told that I am going to have to leave the country and I cant do that to her we have a mortgage to pay and lots of bills and there is no way she can do this by her self at all so I was wondering if there is a way for me to apply for it and not have to leave the country maybe since I have tps I wont have to leave? or since I was already under onother type of application before this they willl let me stay? if someone could advice me and my wife on what to do that would be very apprciated. Thank you so much for your time.
Originally posted by RNG: Hi my parents moved to the US in 1987 and they applied for permanent residency status under my uncle who is an American citizen and was at the time well that process took for ever and it finally got aproved two years ago for them but by that time my older sisterfound out that we had gotten ***ped out of the program because we were over 21 years of age already but we were 6 and 8 at the time they applied anyways now we just have TPS but I married my wife and been married for almost 2 years and she is a US citizen and she asked me if I wanted to apply for recidency again maybe under her now but I dont know what to do because I keep getting told that I am going to have to leave the country and I cant do that to her we have a mortgage to pay and lots of bills and there is no way she can do this by her self at all so I was wondering if there is a way for me to apply for it and not have to leave the country maybe since I have tps I wont have to leave? or since I was already under onother type of application before this they willl let me stay? if someone could advice me and my wife on what to do that would be very apprciated. Thank you so much for your time.
Hello RNG
Welcom to the forum
Please start your own thread and copy this information to it. this way other posters can see your message and give advice.
You can call your thread. "Can I adjust status thru marriage on TPS"
2 questions
What country is your TPS from
How did you arrive in the usa. visa, etc. details.
answer those questions and a determination can be made.
HoneyBee--okay after reading this, this is what I think happened (now this is just my opinion)...
1. Your husband EWI into the US 2. When he entered the US, there were some sort of connections at the airport and he was put on a plane to his destination city 3. Once in his destination city, at sometime he applied for TPS and it was granted
Yes you can apply for him to get his residency if you would like however, he WILL have to return to his home country and as others stated apply through the embassy. At that time he will have to submit a waiver for his EWI and illegal presence (I-601 also a I-212 if he has ever been deported or is ever deported). Keep in mind if you choose to go this route, he will loose his TPS (once he leaves the US). If it was me I would go ahead and apply for the I-130 and get that approved and just wait it out. I mean he is here and he is under TPS.
This message has been edited. Last edited by: y14gemini,
I Arrived in the US Illegally with my mom and older sister I dont know how to answer the question you are asking not by plain thats for sure we croosed the border I believe
RNG: You say that you were included in a previous petition for residency, dating from the 1980s, but were denied due to having aged-out. This prior petition MAY allow you to be grandfathered under 245i. If you are grandfathered under 245i, then you will be able to remain in America and adjust your status.
I'm not sure whether you will be grandfathered under 245i, as your prior petition has been adjudicated already; the grandfather provision MAY only apply to still-open petitions...perhaps someone else will know.
If you're not grandfathered under 245i, then, you'll have to return to your country of origin to be processed for an immigrant visa...and perhaps obtain waivers, etc.
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