Announcement

Collapse
No announcement yet.

Immigration Law Question: Help on form I-130 Please

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Immigration Law Question: Help on form I-130 Please

    OK so im a us citizen filling out the form I-130 for my husband who has TPS from el salvador. I was hoping i could get some help on question 14 of part c where it ask for how the person entered the u.s and the date.
    Now his last entry was with advance parole on 05/15/2006 so im not sure if thats the date i put on the application? being that that was his last entry? and shoud i also put form of entry as advanced parole? or do i put ewi which is the way he came to the U.S for his very first time back in 2000? please if someone can please help me i would greatly appreciate it! thanks in advance!

  • #2
    OK so im a us citizen filling out the form I-130 for my husband who has TPS from el salvador. I was hoping i could get some help on question 14 of part c where it ask for how the person entered the u.s and the date.
    Now his last entry was with advance parole on 05/15/2006 so im not sure if thats the date i put on the application? being that that was his last entry? and shoud i also put form of entry as advanced parole? or do i put ewi which is the way he came to the U.S for his very first time back in 2000? please if someone can please help me i would greatly appreciate it! thanks in advance!

    Comment


    • #3
      Include all dates when answering that question. Use a second sheet of paper if necessary.

      Comment


      • #4
        I would be interested to know what happens in this situation . This is what is going to happen . you need to file I-30 and I 485 the problem is that I am guessing that he as most Tps holders came to the US without inspection , his application will be denied . He can not adjust his status here . After those applications are approved he will have to file I-824 that will allow him to go to the consulate in El salvador , when he goes there , they are going to see how long was he here before getting his Tps , Not sure if you are familiar with the 3-10 year bar . This law was passed in 1996 and what this does is that if someone was illegally here less than six months , he would have to wait about a year but if that person was here illegal for more than 6 months times keeps adding , if that person was 3 years then they will have to wait 10 years . and in some cases there will be have to be there for life .You need to know how long was he here illegally before getting his Tps . Once he is there in El salvador , if you decide to go in that direction he needs to file the application I-601 . Just think that there are hundreds of people filling those and many of the excuses are being use by everybody . So I don't want to discourage you but it is very hard . My advice would be to keep the TPS and cross the finger that one day there will be an opportunity . Good lucy and keep us informed .

        Comment


        • #5
          hey thanks for the reply yeah he was here 8 months illegally by the time he got his TPS approved and well what i was told by 2 lawyers is that there is a huge possibility that he can adjust in the states since he has left twice and re entered on advance parole but he will have to file a in country waiver and those are quite complicated. one lawyer actually stated he won the case why didnt i hire him? because he was charging way more than what i could afford but i know each case is different and doesnt have the same outcome my biggest fear is that he will have to wait it out in el salvador and why lose his tps status right now.? but i guess its a risk we are gonna have to take but i think we are being hopeful that he can adjust in the states. I also found this online

          September 30, 2011 - Adjustment of Status for "EWI" Salvadoran with TPS

          Glickman Turley LLP successfully represented a Salvadoran man who first entered the U.S. without a visa (also known as "entered without inspection" or "EWI"). Two years ago, the client traveled to El Salvador pursuant to "advance parole" issued by USCIS in order to attend to a family emergency in his home country. When he returned to the U.S., he was paroled into to the U.S. This parole cured his "EWI" problem, making him eligible to adjust status through his U.S. citizen wife. He nonetheless required an I-601 Application for Waiver of Inadmissibility to overcome the 10-year bar for having been present from the U.S.
          without authorization for over one year. Glickman Turley LLP prepared a compelling waiver application, demonstrating clear "extreme hardship" to his U.S. citizen wife who was pregnant and infant U.S. citizen son. The wife suffers medical issues including post-partum depression and the infant suffered various medical complications resulting from pre-mature birth and also suffers from asthma.

          so reading this gives me a hint of hope but i just need help with that one question. i guess ill probably do what federale86 stated to put all info on another sheet.

          If anyone else has any more info please help me out i really appreciate it!

          Comment


          • #6
            Ia m in the same situation . It took 8 months to get the tps and my application has been approved thee I 130 but I can not adjust here in the states ,they said to file I 824 . But I am just waiting to see if something changes . For now , the TPS is good .

            Comment


            • #7
              The sentence has been deleted by the administrator for violating the discussion board rules.also another question if your i-130 is approved do they send you a statement stating wheter you do qualify to aos in the u.s???

              Comment


              • #8
                why was my sentence erased? what was so wrong about what i asked? just because i asked fredy if he has ever left on advance parole????

                Comment


                • #9
                  As a rule, if you file for AOS while under TPS the status held immediately prior to TPS is what the basis of approval will be on. Since he was EWI he will have to go back home and file a 601.

                  The I-130 is merely an acknowledgement from the government that you're married. In those very rare cases where a 601 can be granted without leaving it's due to a an immediate and extremely urgent requirement that the immigrant be present for the benefit of a USC. Unless you're disabled in some form and absolutely require him there on a daily basis and there is no one else available, he'll have to go home. Even then, there is no guarantee a 601 will be granted. Those are based on an extreme hardship to a USC and are stingily granted. In most cases, the 10 year ban sticks.
                  This message brought to you by the vast right wing conspiracy.

                  Comment


                  • #10
                    well thanks guys for all the replys i spoke to a attorney who has won 2 similar cases so im pretty sure i stand a good chance i will keep you guys posted on my case!

                    Comment


                    • #11
                      Claudia , I haven't left the country on advance parole .I am thinking of doing that next year if we get an extension . I know a friend of mine who just got his green card but he had to leave the UsA and got it in El salvador . I don't want to leave so I am just hoping that I can adjust here . Please keep us inform and the best of luck for you and your husband .

                      Comment


                      • #12
                        The post has been deleted by the administrator for violating the discussion board rules.

                        Comment


                        • #13
                          Advance parole isn't a criminal thing. It's an immigration thing which means you can leave the US and return without penalty while you have a pending application.

                          And Proud, channeling OldE???
                          **************************************
                          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                          Comment


                          • #14
                            Sorry, a moment of weakness. I removed my post.

                            Comment


                            • #15
                              The post has been deleted by the administrator for violating the discussion board rules.

                              Comment

                              Working...
                              X