my husband's status EW1. I want to apply for I 130 for him. Iam us citizen. He has TPS and employment card.
1- Should EW1 affect his case.
2- Also, On I 130 application Should I enter I 94 expiration date as 09/30/2019 (as shown on I 797A) or as his employment card expiration 03/30/2018.
3- I will complete I 130, I 130 A, I 485, I 864
Is there any other forms I should submit with my application
Thank you very much
You wrote EW1 ... but I think you mean EWI (Entered Without Inspection).
This can make it difficult for him to get a greencard without a waiver.
You should meet with an attorney and not try to do this on your own ... otherwise you could waste nearly $2,000 in filing fees.
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My understanding that the grant of TPS is an admission for adjustment in the 9th circuit. Attorney representation would be advisable.
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With the TPS approval, your husband is treated as if keeping lawful status as non-immigrant at least in the 9th Circuit (which covers California). So "EWI" shouldn't be an issue for now. Go with TPS/I-94 date, and I'd also include I-765/C9 just in case because it's free (even though he has one from TPS already). Since this is a tricky area of law that is subject to change, I do recommend working with an immigration attorney.
Well, I like "EW1" as it sounds like a legitimate code of admission, but it is actually EWI (Entered/Entry Without Inspection). NOTE: EW0, EW3, EW4, EW5, EW9, and EW9 do exist. See: https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-32054.html.
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