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Adjustment of status thru TPS (marriage to USC)

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  • Adjustment of status thru TPS (marriage to USC)

    Hello! so here's the problem, my husband and I recently got married, he's from El Salvador, he came to the US and was granted with Temporary Protected Status (TPS), I'm a U.S. citizen, how can we adjust his status to become a permanent resident, how can we file his paper for a green card if he has TPS? What forms to use? I can't file K1 form or I-485 because he doesnt have a visa, just the TPS saying he is permitted to work in the US. Please help! Thank you!

  • #2
    You should file I-130 and I-485, both of which can be downloaded from the USCIS website. Your husband has TPS, and has temporary work authorization, so you may not need to apply for I-765 (employment authorization)...depending on when his current employment authorization expires. You should be aware that his TPS might not be renewed, so you may choose to apply for I-765.

    Once I-130 and I-485 have been submitted, you will be called for an interview at USCIS. If all goes well, your husband will be granted Conditional Residence...and 21 months after receiving conditional status, you will submit I-751 to remove the conditions from his residency.

    Comment


    • #3
      Hi HoneyBee, I'm also new to this forum, but I and most of my family have been on TPS for the last 7yrs. With TPS, you get a work permit that's renewed every year(provided the TPS status is renewed), so you don't need to apply for another one. TPS doesn't prevent you from adjusting status. Remember that if the TPS is not renewed, you revert back to your original status.

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      • #4
        oh alright.. But my question is, which option does he chooses? from the application..

        Here are the list of it: ... We just don't know which one to choose from...

        a. an immigrant petition giving me an immediately available immigrant visa number has been
        approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or
        special immigrant military visa petition filed with this application that will give you an
        immediately available visa number, if approved.)

        d. I was granted asylum or derivative asylum status as the spouse or child of a person granted
        asylum and am eligible for adjustment.

        e. I am a native or citizen of Cuba admitted or paroled into the United States after January 1,
        1959, and thereafter have been physically present in the United States for at least one year.

        f. I am a native or citizen of Cuba and meet the description in (e) above. the applicant.

        g. I am already a permanent resident and am applying to have the date I was granted
        permanent residence adjusted to the date I originally arrived in the United States as a
        nonimmigrant or parolee, or as of May 2, 1964, whichever date is later, and: (Check one)

        h. I am applying for an adjustment to permanent resident status because:
        my spouse or parent applied for adjustment of status or was granted lawful permanent
        residence in an immigrant visa category that allows derivative status for spouses and children.

        I. I was granted asylum or derivative asylum status as the spouse or child of a person granted
        asylum and am eligible for adjustment.

        j. I am a native or citizen of Cuba admitted or paroled into the United States after January 1,
        1959, and thereafter have been physically present in the United States for at least one year.

        k. I am the husband, wife or minor unmarried child of a Cuban described above in (e) and am
        residing with that person, and was admitted or paroled into the United States after January 1,
        1959, and thereafter have been physically present in the United States for at least one year.

        l. I have continuously resided in the United States since before January 1, 1972.
        Other basis of eligibility.

        And it's asking a "non immigrant visa number and date visa was issued" which he never got because he was only granted TPS.. THANK YOU!

        Comment


        • #5
          If your husband entered the country illegally, then he may not actually be eligible to adjust status in America. You should consult with a legitimate immigration attorney.

          While your husband currently has TPS, the fact that he entered without inspection might cause him problems.

          Comment


          • #6
            The nonimmigrant visa number they are asking for is what was stamped in his passport when he left his original country. There is a number and a date on that visa stamp. If he entered illegally, then it will probabbly be as SunDevil stated in his post. As to what category to choose, I'm not sure about marriage, but I still think you have to file an I-130. Whether he gets an immigrant visa number right away I'm not sure. For example, I'm over 21 and so when my mother(a USC) filed for me, I had to wait until my priority date became current(took 5 yrs).

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            • #7
              if he is here under TPS he cannot adjust.

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              • #8
                JF2007, that is not true. You can adjust on TPS if you entered the country legally.

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                • #9
                  yes legally yes, if you are paroled, sure, but most of the TPS applicants came in illegaly. The cath to this is always the manner of entry to the US.

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                  • #10
                    He didn't come here illegally, he was granted TPS when he applied for it when he was in El Salvador (El Salvador had an earthquake few years back, devastated most part of the country that's why US sent aid by letting people get TPS)... The only thing is, from what i heard, hispanics people usually don't get inspected... so i dont know..

                    Comment


                    • #11
                      HoneyBee: If your husband entered America legally, he will have a visa (or some other entry document) in his passport. An I-94 (Arrival/Departure Record) will be stapled in his passport also, beside his entry stamp.

                      If your husband entered legally, then he will be able to adjust status (I-485).

                      It is my understanding that, having simultaneously submitted I-130 and I-485, you husband's situation is: a. an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

                      Of course, all of this is dependent on him having entered legally.

                      As for your comment that "hispanic people usually don't get inspected." That is not a consequence of them being hispanic; everyone entering America MUST be inspected, and race is irrelevant. However, it is true that large numbers of hispanics (among others) believe themselves to be way too important to abide by America's laws and procedures...and, therefore, they make the choice to trek through the desert for days and days to avoid entering legally.

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                      • #12
                        TPS is granted in the USA, so how he came thru the border? by plane, and inspected? if he came legally he or she should have an I-94.

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                        • #13
                          hello, you mentioned on your last quote that you and your family have been living in the U.S with TPS, when you came here, did they give you an I-94 waiver?

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                          • #14
                            I don't want to be caustic but you are not answering the question, which is very important. The question is: The last time your husband entered the U.S. did he speak to an immigration official, did he cross the border without inspection, did he come in with a fake passport? Your husband's eligibility to adjust in the U.S. are completely dependent on the answers to these questions.
                            Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

                            Comment


                            • #15
                              When he entered the US he didnt speak to an immigration officer, when he came here thats when he filed the TPS. From my understanding, he crossed the border without inspection but he has his passport, the only thing is it was expired (few years later) so he sent it back to his family in El Salvador, but it got lost in the process. He also mentioned that when he came here, they didn't give him anything nor stamped his passport... he still applies for TPS every year and thank god he can still gets it re-newed..

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