Does she have to leave the country to get her green card? 8 Answers as of November 12, 2012

I'm a US citizen and my wife has a TPS working permit. We have been married for more than 10 years and have two kids. Now I'd like her to become a permanent resident. I know I have to fill out form i-130 but she is afraid she has to leave the country.

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Your wife might be able to adjust status without leaving the U.S. - if she did not enter the U.S. illegally, did not overstay her visa, and did not work without authorization before obtaining TPS. If she initially entered the U.S. without a visa, or entered with a visa and overstayed her admission, or worked without authorization before receiving TPS, you need to have an immigration attorney review her case to determine if she might qualify for cancellation of removal.
Answer Applies to: New York
Replied: 11/12/2012
Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
You need to review her options with an immigration attorney. Most likely if she is in Washington State she can file both the I-130 and I-485, but she should not do so without reviewing her situation.
Answer Applies to: Washington
Replied: 11/6/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If she entered the US lawfully and is now married to a US citizen, she will be eligible to adjust status within the US and will not have to return to her country. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/5/2012
Law Office of Eric Fisher | Eric Fisher
If she last entered the US without inspection, she will need to get her immigrant visa at the US Consul abroad even if your I-130 is approved. There is a recent opinion that explains that if she is able to get advance parole and can re-enter with that, she may be able to adjust here, but she really should speak with an immigration attorney.
Answer Applies to: Colorado
Replied: 11/5/2012
SwagatUSA, LLC
SwagatUSA, LLC | Dhenu Savla
The answer to your question depends mainly on a couple of facts. First, before she was granted TPS, did she have over a year of unlawful presence? If yes, then, has she ever traveled out of the country and returned on advanced parole? If no, and if she does have over 1 year of unlawful presence prior to TPS, then under current procedure, she has to leave the USA to apply for a waiver if unlawful presence. Otherwise she may qualify to adjust status. Waivers of unlawful presence are very complex and so I highly encourage you to consult with us or another attorney familiar with these waivers and who has a great track record as we do.
Answer Applies to: Illinois
Replied: 11/5/2012
    Law Office of Bijal Jani | Bijal Jani
    Since you are a US citizen, you can file the I-130 and she should file the I-485 adjustment of status to a permanent resident based upon marriage. The forms will include entries requesting the interviews take place in the USA, so she does not have to leave the country.
    Answer Applies to: New York
    Replied: 11/5/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The answer would depend upon how she entered the country. If she entered the United States with inspection or was paroled into the United states, she would be able to adjust her status. She would be eligible to adjust her status if she is grandfathered under INA 245(i). It would be in you and your wife's best interest to consult with an experienced immigration attorney in person.
    Answer Applies to: New York
    Replied: 11/5/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Was her last entry into the US legal? Has she ever applied for advance parole or a travel document from USCIS before?
    Answer Applies to: Texas
    Replied: 11/5/2012
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