Is my fiance eligible to adjust hist status without going to his home country? 3 Answers as of August 03, 2011Hello, I am seeking advice for my fiancee. He is from El Salvador, and entered the United States 10 years ago on a tourist visa. His brother is becoming a US citizen in November this year. My question is if my fiancé is eligible to adjust his status without going to El Salvador and being band to re-enter for 10 years. Another question: he never applied for TPS, and I wonder if this would be something he would qualify for? Or is it too late? Thank you so much for your time.
Christian Schmidt, Attorney at Law | Christian Schmidt
Your boyfriend can only adjust his status if he marries a U.S. Citizen unless he is grandfathered under INA 245(i). Applying through his brother will not only take many years before he becomes eligible for resident status, he will also have to leave the U.S. and apply through a U.S. Consulate thereby triggering the 10 year bar.
Answer Applies to: California
Fong & Associates | William D. Fong
Not enough information. Are you a US citizen? If you get married to him and you are a US citizen; then he can file for his permanent residence here in the US and would not need to leave the US to apply. There is no monetary penalty and his overstay is forgiven under INA Section 245(a). His brother's case will take about 11 years and he would need to leave the US to apply for an immigrant visa.
Answer Applies to: Texas