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Thread: Adjustment of status thru TPS (marriage to USC)

  1. #1
    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. #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.

  3. #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.

  4. #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!

  5. #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.

  6. #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).

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

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

  9. #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.

  10. #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..

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