Home > Research Legal Advice > Immigration > Can my husband's status be adjusted ? I'm a USC , he overstayed his gr...
Asked 3 months ago - Sterling, VA
FlagHis papers expired over 5 years ago , he entered without inspection in 2001 but the judge granted him papers so he has a ASSN , had a work permit , etc . We've been together 9 years & married 5 in August & have 2 kids , is it possible to adjust his status ? Also , wondering if its possible to bring his sister & mother here from El Salvador to visit , as they haven't seen him since he left in 2001 . The kids & I traveled there to meet them last year . I'm a natural born citizen . Thanks in advance .
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It depends. Schedule a consultation with a competent immigration lawyer in your area to have your husband's past immigration history analyzed.
It is highly doubtful whether his sister and mother will be granted visitor's visas to be allowed to visit the US. GOOGLE INA section 214 b. and read the meaning of "immigrant intent."
More details would be needed to confirm both his current status and whether he has any options for obtaining his green card through the adjustment of status process or through the immigrant visa process (possibly with an I601A waiver if one is needed).
I have an office in Reston at the Reston Town Center if you would like to discuss your situation in more detail with an immigration lawyer.
I agree with my colleague. Your facts suggest TPS has has been granted, but not renewed. He must file a "late renewal."
If USCIS approves the TPS re-registration application and an EAD is requested, a new EAD bearing a new expiration date will be issued.
For more information on TPS eligibility requirements, what to file, do consult an experienced immigration attorney for assistance.