Us Citizen married undocumented that entered as a minor

[HU87 9]

20 hours ago, EM_Vandaveer said:

I didn't realize EWI by itself didn't cause a ban.

The first EWI has no ban. But if someone EWI after leaving the US (voluntarily, deported, etc.) and any past entry was also EWI, then there is a permanent bar: https://www.fickeymartinezlaw.com/2016/11/20/permanent-bar-for-two-or-more-illegal-entries-ina-212a9ci/

Edited November 30, 2018 by HU87

[geowrian 22,336]

31 minutes ago, HU87 said:

If the US Citizen also moves to El Salvador, is DCF then an option? https://www.uscis.gov/about-us/find-uscis-office/international-offices/el-salvador-uscis-san-salvador-field-office

Sure, once they meet the residency requirements to file (usually 6 months)...assuming you meant they both move.

The issue of a joint sponsor would remain to handle the financial side of things.

[HU87 9]

2 minutes ago, geowrian said:

they meet the residency requirements to file (usually 6 months)

So it can vary? If so, would anyone know if the San Salvador office is lax with the residency requirements?

[geowrian 22,336]

1 minute ago, HU87 said:

So it can vary? If so, would anyone know if the San Salvador office is lax with the residency requirements?

Yes. Each office sets their own rules for what they will accept. Some will permit less than 6 months with a valid residency permit, others will permit time on a tourist visa to count towards the 6 months, and others want 6 months with a visa that permits residency.

[HU87 9]

On 11/29/2018 at 10:46 AM, rivedavi said:

His father lives here he has TPS status and a right work.

Just a FYI, the father's future status is not certain: https://www.uscis.gov/sites/default/files/USCIS/Laws/ramos-v-nielsen-order-granting-preliminary-injunction-case-18-cv-01554-emc.pdf The father lives in Texas? If the father is also EWI, then he should at least apply for and travel with TPS-based Advance Parole: https://manuela-morais.squarespace.com/updates/2016/7/18/advance-parole-and-the-arrabally-yerrabelly-loophole

Edited November 30, 2018 by HU87

[HU87 9]

11 minutes ago, geowrian said:

Some will permit less than 6 months with a valid residency permit

The US citizen should find out if this is the case at the San Salvador office. Getting Salvadoran residency is a straightforward process: https://sv.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/residency-requirements/ El Salvador allows entry with tourist status and then get residency.

[HU87 9]

16 minutes ago, HU87 said:

Getting Salvadoran residency is a straightforward process: https://sv.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/residency-requirements/

This is the application: https://drive.google.com/file/d/1pGHm3xpD3r7nW9VOzlxqjEJ7oS8RZ1kW/view A user that has done the Salvadoran residency process is @RosalynRenderos

Edited November 30, 2018 by HU87

[HU87 9]

On 11/30/2018 at 11:25 AM, geowrian said:

The issue of a joint sponsor would remain to handle the financial side of things.

Can't be certain but there is a decent possibility of the undocumented spouse being exempt of the I-864 requirement. Since his father has TPS, the father probably has a SSN and probably earned SSA credits. @rivedavi, if the father earned 40 SSA credits before his son turned 18, then Form I-864W should be submitted instead of the I-864: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter14-15.html

Edited December 4, 2018 by HU87