TPS question

**Dorothea** · 02-15-2011, 05:18 PM

Hi, sorry I'm out of practice and have no idea if this is the right section to ask this question.
I have a friend who has been in the US from Honduras for almost 15 years on temporary protected status. He and his wife reapply every year, and have neve had a problem with renewal or anything. They have a US citizen daughter and his wife is pregnant with their second child.
My question is this: is there some way for him to gain legal permanant resident status or a visa of some sort to stay in the country?
Would he have to wait for his daughter to turn 18 and apply for him, or is there some other route he could take?
Thanks!

**Tropical** · 02-15-2011, 05:23 PM

My SIL also has TPS and there is no way to adjust since she is married to someone who has no legal status. There shouldnt be illegal presence (pre 1997) of they've had TPS for 15 years. (I didnt know Honduras had TPS for that long!) Best bet is to keep renewing until the laws change.

My SIL will incur illegal presence and therefore will need to file a waiver, therein lies the problem as she does not have a qualified relative to petition her.

**Imp** · 02-15-2011, 05:34 PM

Super quick-

Currently, there is no way for a TPS recipient to AOS to LPR status. This has been discussed, especially for those people who have been on TPS for a long time, but isn't currently being done.

Also, the daughter will need to be 21 to petition. This raises an issue, however. Typically TPS holders who find an avenue to immigrate must consular process if they entered EWI (exception coming below.) Do you know if they both EWI'ed?

If they were in the US before getting TPS for long enough to get a ban, they will need a waiver and of course the daughter will not qualify.

TPS holders technically qualify for Advanced Parole meaning they can travel and be re-admitted- although it has been a somewhat murky area (as far as I have read) as to whether this can trigger bans, etc. I have heard of TPS holders leaving on Advanced Parole, re-entering and then, legally admitted, applying for AOS through a spouse and doing so successfully, or filing an in-country waiver for the illegal presence before they applied for TPS if applicable. Would that work here? Hard to say and probably depends on their particular USICS district. And of course, if they need waivers, they will need a qualifying family member, which it doesn't appear exists here.

I hope that helps.

Good luck to them.

**Dorothea** · 02-16-2011, 12:35 AM

I'm not 100% sure on the illegal presence. If I remember correctly Leo (husband) came in illegally, and his wife later joined him legally. She never had illegal presence.
Their daughter is only 10, so I would hope that by the time she's 21 a law would have changed in their favor.
Leo's brother has applied for, and been granted, permission to go to Honduras for a visit at least twice. In fact, he'll be leaving for the entire month of March. I'm not sure if he had entered illegally in the past...
So unless a law changes there's basically no way to adjust status? Weird.

**Tropical** · 02-16-2011, 12:54 AM

Only in that rare circumstance that Imp mentioned. Is the wife a USC now? Has she petitioned him?

The BIL is leaving on AP, my SIL has done it twice but her husband is undocumented so she cannot adjust through him. Its risky but to some its worth it - leave on AP return, file for AOS through wife (if she is a USC), and hope it works. I'd only do it if I worked with a lawyer that had done such cases before. Then if he needs a waiver the wife would qualify to be the qualifying relative for an IN COUNTRY waiver which we know is more difficult to obtain.

**Imp** · 02-16-2011, 01:24 AM

How did the wife legally join him? A TPS holder cannot sponsor a spouse (to the best of my knowledge) so she must have had some sort if status- tourist visa, maybe?