speedster

Here's the deal: My wife/and her sister were brought to the US as minors and were caught (and given orders of deportation), less than a year later both of them were approved for TPS for their country. My wife and I left the states and she's been given a visitor visa and we've arrived without any problems at the POE. My wife's sister has stayed in the US and hired an immigration lawyer who said she should not apply for advance parole or leave the country as "she would have the 10 year bar" and are going through the hardship wavier for the 2nd time as the 1st one has already been denied. I'm scratching my head because my wife was able to come back easily without a problem, both of them issued the same order of deportation on the same day, as a minor, and both were given TPS. What gives? Is the lawyer lying to them? Should she get advance parole? Great mind of VJ, give me your (non-legal) advice

When you arrive on any tourist visa you're expected to be there for tourism, no matter what happens. If you're plans changed go back to your legal place of residence and start the paperwork there. I really do wish they would stop allowing AOS from anyone that arrives via a tourist visa. It makes lives difficult for people like my wife who is married to a US citizen that just wants to visit family in the states just because of the massive amount of liars that enter via a tourist visa to adjust status.

She got accepted! But okay sweet. I wonder if it'll be fine if we use the US visa the first time with the new name/new passport. Or should we enter with the maiden name/original passport first to give an entry on that passport?

After the 10 year bar you'll be able to obtain the visa for your spouse. After the 10 years as long as you file the correct paperwork to bring him to the USA, I wouldn't see why he would have any problems.

Because of COVID we of course couldn't apply for the visitor visa and also because of procrastination but we live in the Netherlands and finally have her visitor B1/2 appointment tomorrow. Hopefully, she gets accepted as she hasn't seen any family for 3 years. Edit: She also hasn't changed to her married name since we need to go to her home country to do that (and well again COVID prevented that). If she gets her B1/2 visa with her maiden name, and she gets a new passport with her married name, does the visa become void and she has to start from square 1?