Immigration Issues/marriage

Advertisement


Question
QUESTION: I have a girlfriend that is in the country with a program called TPS from El Salvador.  I am a citizen and we looking to get married in the near future. What will happen to her status? Does she has to leave the country? How can we proceed?

ANSWER: When she first came here, did she enter legally or illegally? If legally, she can do it here. If illegally and she never had a case befor for a green card, she has to process the interview in her home country.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Thank for the previous answer.  if my girlfriend entered ilegally but now because of the TPS program is temporary legal to stay until the program she's in expire, if we get marry will I be able to go through the process without her leaving the country?


ANSWER: No. Becasue she entered illegally and is not covered by 245i she will have to interview in her country. She will also have to get a pardon of the 10 year bar if she had more than a year illegally here after 4/1/97.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: one more and last thing. how much do you know about the TPS program? she qualified to be in it because of the earthquake in el salvador.  she was told that most likely that program will not come to an end and if she gets married, as long the husband doesn't request her to get residence she can stay in the country. is this true? would ever be a change and then she has to leave? and if that happen, does that will hold me back of going to the country with her?

Answer
TPS is not a way to get a green card, just permission to stay in the country until it is deemed safe to return. Eventually her TPS will not be renewed and then she will be subject to deportation. She could wait here until her TPS expires hoping that a law like 245i come sback in the future and then she could get it here through you.

Regards,

Robert

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Robert Hollander<B> Esq.</B>

Expertise

General

©2016 About.com. All rights reserved.