1. I am TPS Holder and My Husband is a U.S. Citizen, Have Two Kids, My Husband Want to Apply for Adjustments of Status for Me, Is It Possible for Me?
For me to get my green card without living the country, I’m in Florida and my husband is in Massachusetts, I’m moving soon.
Mr. Lee answers:
I assume that you entered the U.S. without inspection. The question of whether a TPS holder who entered illegally can adjust status in the US is a hot button issue at this time and the circuit courts are divided as to whether it can be done. The Ninth Circuit Court of Appeals in California just decided that it was possible in following the Sixth Circuit in Ohio. Meanwhile the 11th Circuit with jurisdiction over the states of Alabama, Georgia and Florida has decided in the negative. The rest of the circuit courts have not yet ruled.
2. Can an Immigration Lawyer Help a Younger Individual That Was Already Refused the B-2 Visitor’s Visa Get Approved?
Mr. Lee answers:
An immigration lawyer can help to put together an application and perhaps add in details or evidence which were not in a prior application. If a consular officer made a mistake of law, an immigration lawyer could also point that out. But where individuals are denied for visitors visas based on the consular officer’s perception that the applicant may remain in the US instead of returning to the home country and there is no strong evidence to the contrary, an immigration lawyer is not a miracle worker. These types of determinations are non-appealable and perhaps the better solution would be to wait until the individual has enough bonds and ties in the home country to convince a consular officer to grant a visiting visa.
3. Concerned re Travel in Advance Parole /EAD Document
I have received advance parole /EAD card while waiting for a I-485 Adjustment of Status green card application filed by my husband’s employer. My husband however wants to move out before the green card arrives but I have been told that since this application is employer based this should hopefully be okay still as we are still married since 2000 & we have two kids under 9. My fear is that if I my children & I travel for vacation overseas to Australia to see family that I may not be allowed back in if they find out he has moved out? I don’t want to miss my father’s 80th birthday though… thoughts??
Mr. Lee answers:
As you have an employment-based case and there is no doubt of the bona fides of your marital relationship, you would be eligible to obtain permanent residence with your husband if he still wishes to continue your application even if you are separated. Even if U.S.C.I.S. was to discover that your husband moved out when you reenter the States, that should not have an effect on your admissibility.
