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...I'm sure that she thought that it all seemed soooo easy at the time!!
Well, now it's not quite so easy anymore.
The short answer is that she is potentially in major trouble. Having changed "identities" and facts to suit her particular situation - to what appeared to be her best advantage - she has made her life very difficult.
No, she will not be able to remain in America and adjust her status to that of a permanent resident. She has falsely claimed to have entered America without inspection, and this type of entry disqualifies her from adjusting her status.
At the least, she will have to return to Nicaragua to be processed for an immigrant visa. She will be denied for having resided illegally in America for more than a year, and be subject to a ten-year bar against reentry. You would then file a hardship waiver, detailing hardships to you based on her being in Nicaragua...and, PERHAPS, the waiver will be successful (although I doubt it).
However, unless YOU believe that the U.S. Government is completely stupid, I wouldn't recommend that YOU take this course of action. You know what the facts are...are YOU prepared to lie during the immigration process???
Like I said earlier...I'm sure that it all seemed soooo easy at the time.Comment
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Firstinlastout:
Hello to all...wonderfull forum here with a lot of valuable information and insight. I have a question. My girlfriend is Costa Rican. She has been living here for the past 11 years...she is under TPS status (temporary protective status). She works here, owns her own home and is doing a-ok. Every couple of years, she files for renewal of her TPS. We have been living together for over a year now and she is an amazing girl. I definitely want to get married to her. If I marry her, can she become a U.S. resident ? Furthermore, can she one day (and how soon) apply for U.S. citizenship ?
Now for the details....when she came here, she flew in with a COSTA RICAN PASSPORT with a tourist Visa. Her dad is from Nicaragua and was able to get her a NICARAGUAN Passport too ! (her mom is the one from Costa Rica) So, once she arrived in the U.S. via her costa rican passport/tourist visa, she then applied for TPS status with her Nicaraguan passport since costa ricans are not eligible for TPS status...only nicaraguans. On the application to get TPS, she said that she came across the border from Mexico into Texas. In U.S. eyes, she is a TPS from Nicaragua that entered through the border and was never inspected.
She still has her Nicaraguan passport, although it expired. She does NOT have her costa rican passport anymore. So my question to you is once we get married, is she eligible to become a resident and also a citizen ?
Thanks alot..
Nelson </div></BLOCKQUOTE>
If she has TPS, she won't be able to apply for citizenship right away. Has she applied to adjust her status from TPS to green card? If you marry her, she may be able to adjust her status. However, consult an immigration attorney. This is not your plain jane adjustment of status request."Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston MassacreComment
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If she had not lied it would have been straightforward adjustment.
As she did you need a good immigration lawyer.
But that does not stop you getting married.Comment
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Hudson...
no she has not applied for a green card...she told me that since she is a TPS, she cannot. I asked her are you sure and she said yes. Does anyone know if she can apply to be a resident ?
I wonder how long the U.S. will keep renewing the TPS status thing....just make them **** residents already. Every 2 years it's the same thing over and over...they waste so much money in administrative costs....make them residents and be done with it !
Everyone else...thanks for the comments.Comment
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Firstinlastout:
Hudson...
no she has not applied for a green card...she told me that since she is a TPS, she cannot. I asked her are you sure and she said yes. Does anyone know if she can apply to be a resident ?
I wonder how long the U.S. will keep renewing the TPS status thing....just make them **** residents already. Every 2 years it's the same thing over and over...they waste so much money in administrative costs....make them residents and be done with it !
Everyone else...thanks for the comments. </div></BLOCKQUOTE>
Theone explained with this:
<span class="ev_code_RED">If she had not lied it would have been straightforward adjustment.</span>
Dont blame the usa government. blame your girlfriend for lying. If she had not lied and deceived.. She could easily have her status adjusted thru marriage to you. She would be an overstay from the costa rica which would have been forgiven by marriage to usc.
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She committed FRAUD and now you need a good attorney to make sure it will be alright
Best wishes and good luck .. please let us know how you eventually made out.Comment
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FirstInLastOut: How very typical - as 4Now says, you blame your own country for the fact that your girlfriend committed fraud.
No matter how many times you ask, the answers will remain the same. As I told you earlier, your girlfriend CANNOT obtain residency through adjustment of status. Even consular processing is fraught with difficulty because she lied and cheated.
As to your plaintive plea for just giving residency to those with TPS - well, your girlfriend obtained her TPS status through deceit, and she isn't even entitled to the status that she already has.
Any uncertainty relating to her ability to remain in America is entirely of her own doing. Yet, you blame your own country because your girlfriend is a cheat and a liar.
I realize that you don't want to hear this, but I feel compelled to be blunt because, quite honestly, your whining, blame-America-first attitude is quite tiresome.Comment
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would you stop whimming and barking...aren't you tired of it??????
do something little moronComment
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Babybey: Personally, I think that your time would be better spent at your English-as-a-Second-Language class. What exactly is whimming, and how do you do it?Comment
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I spelled whinning s t u p i d a s sComment
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Don't give any explanations to the ****ing sunofdevil he in fact is no one important whom is going to help you at all he would make fun of you instead please don't be so naiveComment
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He in fact is a classic moron that by the force an illegal alien raped him in the very harsh way...Thats why he loves immigrants so much specially illegalsComment
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speaking of morons, babybeh had two chances to spell the word "whining" correctly and failed both times....fortunately 'm o r o n' is not a four-letter word.Comment
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Firstinlastout:
Hudson...
no she has not applied for a green card...she told me that since she is a TPS, she cannot. I asked her are you sure and she said yes. Does anyone know if she can apply to be a resident ?
I wonder how long the U.S. will keep renewing the TPS status thing....just make them **** residents already. Every 2 years it's the same thing over and over...they waste so much money in administrative costs....make them residents and be done with it !
Everyone else...thanks for the comments. </div></BLOCKQUOTE>
The issue is whether she would have been eligible to adjust her status prior to to being granted TPS. I am not sure if the "lying argument" is totally valid by the other posters. Unfortunately, you will need a good immigration attorney to sort through her entire immigration process from arrival through TPS. The reason why I asked is that if she was eliblible to adjust her status prior to being granted TPS, then an employer or a family sponsor could have petitioned for her in the past. Once you marry, as her husband, you could petition for her to adjust status, unless she was an ineligible alien prior to granting of TPS.
Semper Fi my friend."Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston MassacreComment
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