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Can a person who had TPS who marries a citizen be able to adjust their status?

Atlanta, GA |

I am an immigrant who had TPS and I am about to marry. I would like to know if I can adjust my status after maarriage

Attorney Answers 2

Posted

Only if you were admitted or paroled into the U.S. after inspection by a U.S. port of entry officer. You should discuss your situation with an experienced and competent immigration attorney before making any decisions about applying for adjustment of status.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950
e-mail: spollock@lawfirm1.com
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Posted

In addition to the information in the previous response, generally a person with Temporary Protected Status (TPS) is eligible to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"), but if a person was out of status before being granted TPS status, he/she may be ineligible to adjust status. When marrying a U.S. Citizen, however, having been out of status will not bar eligibility to adjust status, provided the applicant was lawfully admitted into the U.S. with inspection by immigration authorities.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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