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Hello I am a citizen and I want to apply for a green card for my wife who has TPS, She already traveled twice outside the United States on parole. With that I can apply to her for her residence permanent?
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Hello I am a citizen and I want to apply for a green card for my wife who has TPS, She already traveled twice outside the United States on parole. With that I can apply to her for her residence permanent? -
Of course you can, but was she lawfully admitted to the country? If yes, that not a problem. If she accumulated unlawful presence by overstated her visa, that should not be a problem. My bother in Law got his permanent residence with a TPS from my Sister. I am getting my Green Card from my Dad while on TPS but I have never been unlawful.05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
05/13 Rejected due to lack of I-864
05/27 resubmitted with explanation
06/03 Rejected again-same reason
06/13 Resubmitted with I-864
07/07 Lockbox emailed back and ask to resubmit
07/09 Filings accepted with PD 05/08/20 (nice)
08/06 Prior biometrics applied to I485
08/28 Took biometrics for I-765 only
09/28 I-765's Cards Ordered
10/02 EAD/AP received
04/12 Interview Sched
05/11 Interview done approval on the spot but no USCIS update online -
Did she enter legally or illegally before she got TPS? When she traveled outside the US on Advance Parole, did she return before August 20, 2020?Last edited by newacct; 06-09-2021, 07:10 PM.
This is my personal opinion and is not to be construed as legal advice.Comment
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She entre illegally the fist time, but traveled two times with parole 2010 and 2013Last edited by alwarayni; 06-09-2021, 07:17 PM.Comment
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USCIS had a policy memo in August 2020 where entries on TPS-based Advance Parole would no longer be considered to give you a legal entry for the purposes of AOS if you illegally entered on your previous stay. However, they specified that this new policy would only apply if you departed and entered on Advance Parole after August 20, 2020. (This is also described at the end of USCIS Policy Manual, Volume 7, Part B, Chapter 2, section A-5.)
Since your wife entered on Advance Parole before 2020, based on the wording of the policy change, I believe she is considered to have a legal entry for the purposes of AOS, even for an AOS filed now (although the memo doesn't explicitly say that). Since she is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), her having been out of status in the past doesn't affect her AOS. So I think she should have a straightforward case. Just file I-130, I-485, and all the associated forms.
This is my personal opinion and is not to be construed as legal advice.Comment
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Thank you for the informationComment
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