Immigration Law Question: Im a U.S citizen married to a t.p.s holder. Advice please!

[claudia28]

Hello guys im new here so not sure how this all works but im hoping i might get an advise or two.
So heres my story....Im a u.s citizen and well i have been with my husband for 4 years already but only married since 06-11-11. He is originally from el salvador he entered "ilegally" in november of 2000 and applied for t.p.s in feb of 2001.(he is not 100% positive of the month but says it was early 2001) Anyways my question is can he adjust his status here in the u.s without having to go back to his country? He has been twice since he was granted tps he left on i think its called "advanced parole" correct me if im wrong his grandma was really ill at that time so he was granted permission to go and re-entered the u.s without any problems. Now ive been reading online that since he was able to reenter legally this will help him once we submitt the aplication to adjust his status? is this true or false? i cant stand the thought of him leaving to el salvador and leaving me and his 2 kids here alone with all responsibilities it really scares me. Sorry i know this was extremely long but i hope someone had the patience to read it and provide me with their thoughts!!!

[claudia28]

Hello guys im new here so not sure how this all works but im hoping i might get an advise or two.
So heres my story....Im a u.s citizen and well i have been with my husband for 4 years already but only married since 06-11-11. He is originally from el salvador he entered "ilegally" in november of 2000 and applied for t.p.s in feb of 2001.(he is not 100% positive of the month but says it was early 2001) Anyways my question is can he adjust his status here in the u.s without having to go back to his country? He has been twice since he was granted tps he left on i think its called "advanced parole" correct me if im wrong his grandma was really ill at that time so he was granted permission to go and re-entered the u.s without any problems. Now ive been reading online that since he was able to reenter legally this will help him once we submitt the aplication to adjust his status? is this true or false? i cant stand the thought of him leaving to el salvador and leaving me and his 2 kids here alone with all responsibilities it really scares me. Sorry i know this was extremely long but i hope someone had the patience to read it and provide me with their thoughts!!!

[OldE]

TPS doesn't allow adjustment of status. Like with visa waiver, one can come and stay for designated period of time but not allowed to adjust. There is no way around it.
He may have to go to his country of origin and you would need to start the consular process and file for waivers, if necessary.

This is a public board , we are NOT immigration attorneys. For legal advise contact and consult one.

[Someone12]

-this reply has been deleted for violation to immigration law questions rules-

[NO AMNESTY!!!]

-this reply has been deleted for violation of board rules-

[NO AMNESTY!!!]

-this reply has been deleted for violation of board rules-

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by claudia28:
Hello guys im new here so not sure how this all works but im hoping i might get an advise or two.
So heres my story....Im a u.s citizen and well i have been with my husband for 4 years already but only married since 06-11-11. He is originally from el salvador he entered "ilegally" in november of 2000 and applied for t.p.s in feb of 2001.(he is not 100% positive of the month but says it was early 2001) Anyways my question is can he adjust his status here in the u.s without having to go back to his country? He has been twice since he was granted tps he left on i think its called "advanced parole" correct me if im wrong his grandma was really ill at that time so he was granted permission to go and re-entered the u.s without any problems. Now ive been reading online that since he was able to reenter legally this will help him once we submitt the aplication to adjust his status? is this true or false? i cant stand the thought of him leaving to el salvador and leaving me and his 2 kids here alone with all responsibilities it really scares me. Sorry i know this was extremely long but i hope someone had the patience to read it and provide me with their thoughts!!! </div></BLOCKQUOTE>
With TPS generally, the immigrants status never goes away, just "suspended." But to answer your questino, if your husband entered the country without inspection, then the adjustment of status will not be approved. If your husband overstayed his viaa, then he should qualify for adjustment of status.

However, there is a possibility that EWI may be waived under certain conditions. this paper discusses that possibility. My suggestion is to seek qualified legal help in this matter if you and your husband believe you may meet INA 245.

Good luck to you and your husband.

[claudia28]

wow thanks at last a real answer not just words of hate...and yes the very first time he entered he came ilegally but like i stated before he was then granted the tps than with permission left 2 and reentered with no problems...well yeah i guess i have to look more into this and consult a lawyer i was just hoping to find someone here that was a little familiar with a case like this.

hey and thanks for that link!

[OldE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by claudia28:
wow thanks at last a real answer not just words of hate...and yes the very first time he entered he came ilegally but like i stated before he was then granted the tps than with permission left 2 and reentered with no problems...well yeah i guess i have to look more into this and consult a lawyer i was just hoping to find someone here that was a little familiar with a case like this.

hey and thanks for that link! </div></BLOCKQUOTE>

What do you mean "at last"? Did I not answer your question the first? What was "hateful" in my answer?

If you don't coherently explain the above then you are just another John Tanton clown here...

[Kollerkrot]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
-this reply has been deleted for violation to immigration law questions rules- </div></BLOCKQUOTE>

I am proud of this board wizard! Kudos! I didn't read the replies, but can imagine what they were!

[Kollerkrot]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NO AMNESTY!!!:
-this reply has been deleted for violation of board rules- </div></BLOCKQUOTE>

Here too...Kudos...I am glad someone is finally sweeping you off the board.

[OldE]

There you go, apparently regs changed in 2008 (Google does miracles if you just type "tps adjustment of status" and click on "search").

Click here to read Memorandum by Cetnro Romero

This is from official USCIS website on TPS

Here is the list of Google search results on "TPS and adjustment of status" search inquiry

DISCLAIMER: This is a public board , we are NOT immigration attorneys. For legal advise contact and consult one.

[ProudUSC]

Here is another link that discusses this situation.

I agree with all here that you should speak to a qualified immigration attorney. Lots of luck.

[OldE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
Here is another link that discusses this situation.

I agree with all here that you should speak to a qualified immigration attorney. Lots of luck. </div></BLOCKQUOTE>

The article could be false. I myself thought it was solely correct interpretation - until yesterday.

New memos are issued regularly and USCIS constantly clarifies laws and changes policies on handling one or another class of aliens who fall under vague and not too clearly defined set of rules.
Some TPS holders were approved adjustment status even after EWI, others denied.
OP may or may not qualify for AOS depending on the most current interpretation and application of the law. Some argued in past that TPS is the legal status and reflective of lawful admission regardless of previous manner of entry (like in asylum status, even if you arrive in a landing gear of airplane , you are still AOS eligible at the end of the day), and some got AOS.

The so called complexity of INA is not in difficulty of reading and comprehending a plain English. Any fifth grader can do it.
Much controversy arises from constantly updating and changing regulations, then you have practical application of law that also differs from one to another district office and, as if it wasn't enough, you have various BIA and Cir. Court decisions that on face value self-contradict , sometimes settled by higher court but in others just allowed to continue on until the subject matter is clarified by yet another case that becomes a binding precedent.
And , to remain on top of it, one has to daily work and encounter cases like these.
What lame person hanging in this forum will do the work of immigration attorney for a stranger?

You people really think you are all so smart and that good immigration attorneys charge $250-$450 per hour for nothing, just to fill out a piece of paper in five minutes?

Think as you wish, immigration laws and practices are something else.

No article, no link, nothing said on public forum can be relied upon as a legal advise, most of these people posting here can't even grasp simplest of ideas and thoughts let alone complex legal procedures and rulings.

Go spend couple of hundred dollars and get a solid, sound and reliable advise. Or be greedy, rely on hearsay and pay the price later.
Everyone always has a choice to make.

Good luck with yours.

[NO AMNESTY!!!]

-this reply has been deleted for violation of board rules-