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

  1. #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.

  2. #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.

  3. #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?

  4. #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

  5. #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..

  6. #16
    I am pretty sure he came in illegally and unable to adjust. He should be happy with his TPS for now.

  7. #17
    Sounds like your husband entered the U.S. without inspection. that means he cannot adjust in the U.S. unless he is somehow eligible for 245(i) or unless the law changes. He may be eligible to adjust at the consulate, however a return to his country may result in the loss of TPS. It's a catch-22.
    Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

  8. #18
    Honeybee, when I came to the US, I was on a student visa, other members of my family had visitors visa. We all had our I-94. Ive never heard of the I-94 waiver.

  9. #19
    oh i see, I-94 that's what i meant.. In my husband's case, he told me that when he arrived here from El Salvador, he didn't have any type of visa, nor was given an I-94.. He applied the TPS in the US.. i'm confused.. his case is harder than what we expected....

  10. #20
    HoneyBee: It sounds like your husband hasn't been entirely up-front with you on this issue.

    The reason that the situation is "harder than what (you) expected" is a direct consequence of your husband deciding that he was too important to follow the law in the first instance.

    In order to apply for permanent residency, your husband will have to go home to El Salvador and apply for an immigrant visa at the U.S. Embassy. He will be denied, as he is inadmissible (as a result of entering America illegally). After the denial, you will need to file for a waiver...which may or may not be granted.

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