My husband has a I-94 card and on it it says DA I 512 what does this mean???? My husband and I are looking to start filing for AOS he is a TPS holder since 2001 and has left twice on advance parole we are hoping he will be able to adjust status in the states even though he EWI and was here ilegally for 8 months before he got his TPS and he has had no criminal history absolutely nothing.
If you are a U.S. citizen, your husband should be able to adjust status three years after his most recent entry on advance parole without waiver; I had one case with a similar issue.
A reentry on advanced parole for an immediate relative means that he qualifies for adjustment, but when he left the U.S., he triggered the 3 year unlawful presence bar for having remained in the U.S. without permission for over 180 days before obtaining TPS status.
If your husband will seek adjustment within the three year period, he will have to file a waiver based due to his unlawful presence, which means that he will have to show that you (assuming that you are a U.S. citizen) will suffer extreme hardship in the event that you are separated or you relocate to his country and that he merits the waiver in a favorable exercise of discretion.
You should consult with a lawyer on this case. As long as your husband has TPS status and does not engage in any conduct that will render him ineligible for TPS status, DHS cannot remove him from the U.S.
Daniel Green, Esq.
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402
The I-512 is the number of the form that is the advance parole travel document. If he is EWI then under current USCIS policy he can adjust status only if he is eligible under 245(i). You should consider having a consultation with an immigration lawyer in your area.
Aliens granted TPS, EVD, or DED are generally not eligible to become legal permanent residents (LPRs) in the United States, therefore a special act of Congress is required for such aliens to adjust to LPR status. Legislation that would allow nationals from various countries that have had TPS to adjust to LPR status has been introduced in past Congresses, but not enacted. Similar provisions have also been included as part of comprehensive immigration reform legislation.
For example, Congress enacted legislation in 1992 that allowed Chinese who had deferred enforced departure following the Tiananmen Square massacre to adjust to LPR status (P.L. 102-404). The 105th Congress passed legislation enabling Haitians to adjust status (P.L. 105-277).20 CRS Report R40848
This is the number of the Advanced parole form. there are many issues at play. You need to consult with an attorney
He most likely is eligible to adjust status depending on a number of different factors. As my colleagues have suggested, you need to speak with an immigration attorney to discuss your options.
Radlyn Mendoza, Esq.
Virginia Beach, VA
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