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Results 31 to 33 of 33

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

  1. #31
    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.

  2. #32
    So, what was the result?

    did you apply for change of status?

    what what the outcome and can you please tell us about the interview process

  3. #33
    i have the exact same case with my husband. HE was EWO- entered without inspection, registered for TPS within a year of entering, was granted that along with EAD- employment authorization document- and has been living and working here for 12 years now. You need to file i-130, family based petition. A visa number will be made immediately available to him. When you've received USCiS's notification of approval, file i-601, i-485, and i-131 concurrently. They are application for waiver for grounds of inadmisibility (due to EWO), application to adjust status to permanent resident, and advance parole travel document, respectively. As long as he maintains his TPS status by continually re-registering and has an un-expired advance parole travel document in hand, he may visit his country for short periods of time without enacting the 3 or 10 yr bar and return legally through the airport to resume his TPS in the US. if the i-601 is approved, and not all of them are, he will be allowed to adjust status here, becoming a lawful permanent resident. if he is not approved, he should not even bother with consular processing in his home country because he will not be admissible either way in which case he should just continue to renew TPS until it runs out or Salvadorans are granted amnesty- the latter of which is the more likely scenario given analysis of other similar groups in US immigration history.

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