Entering without visa as a minor, now on TPS. Path to green card?

[addo 0]

Sorry if this is not the right place to put this discussion...

I am a US citizen and I have a girlfriend whom I have been with for 8 months now. She is from El Salvador and has been in the US since she was 10 or 11. She entered the US without a visa, but was then given temporary protected status, so she is currently legal, able to work and everything. Im not sure of the amount of time elapsed from entering illegally and receiving TPS (ill ask later). Im starting to think about marrying her, and if it wasnt for the fact that she entered without a visa, it would probably be a very easy path for her to obtain permanent residence, but this is the situation and Im just wondering how much extra work it is going to take.

Thanks for any help.

[Hypnos 6,576]

I believe she is not eligible to file for adjustment since she did not enter the country legally. However, she is able to obtain Advance Parole through filing an I-131, leave the US, re-enter and then file for adjustment, since entering on AP gives her the legal entry she needs.

You should consult with an experienced immigration to see if this is an option in your case.

Some additional information: http://immigrationlawmonitor.wordpress.com/2013/02/28/adjustment-of-status-through-advance-parole-an-alternative-to-provisional-waivers/

Edited December 15, 2013 by Hypnos

[KayDeeCee 4,893]

I believe she can adjust status from TPS if she marries you.

http://us.practicallaw.com/resource/5-531-6445?q=&qp=&qo=&qe=

http://www.nolo.com/legal-encyclopedia/frequently-asked-questions-about-temporary-protected-status-tps.html

You would file the I-130 and I-485 together > http://www.visajourney.com/content/i130guide2

Not really adjusting from any of these visa types, but moving your post another forum because those adjusting from the types of visas in that forum would file the same documentation as you.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Hypnos 6,576]

That seems to only apply for states in the Sixth Circuit, so Kentucky, Michigan, Ohio and Tennessee. The OP's profile indicates they reside in Texas.

A lawyer is probably the way to go to examine these issues.

[KayDeeCee 4,893]

Yes, that lawsuit was from that particular court, but it was based on the statute > 8 U.S.C. § 1254(f)(4)

(f ) Benefits and status during period of temporary protected status

During a period in which an alien is granted temporary protected status under this section—

(1) the alien shall not be considered to be permanently residing in the United States under color of law;

(2) the alien may be deemed ineligible for public assistance by a State (as defined in section 1101 (a)(36) of this title) or any political subdivision thereof which furnishes such assistance;

(3) the alien may travel abroad with the prior consent of the Attorney General; and

(4) for purposes of adjustment of status under section 1255 of this title and change of status under section 1258 of this title, the alien shall be considered as being in, and maintaining, lawful status as a nonimmigrant.

I completely agree that they should consult an immigration attorney.

Edited December 16, 2013 by Jay-Kay