Legal Question in Immigration Law in Indiana

undocumented salvadoran

Hello,

My husband is an undocumented Salvadoran who came to the United States illegaly almost 6 years ago. I am a U.S. born citizen, and we have a 3 month old child. We wanted to do his paperwork under the new law (I believe it's 245, LIFE)before it expires in April, but we do not have the $2400 to do it with (that's including legal fees, the $1000 fine, etc.). I'm a grad student and we are living off of my fellowship, check by check. So we were wondering about the new Temporary Protective Status law. How much would that cost us? If we miraculously found the money to do both, could or should we? What are the pros and cons? Also, for the first one, do I as the sponsor have to be making a certain amount of money? I am very confused and would like some help. Thank you.


Asked on 3/05/01, 7:48 pm

1 Answer from Attorneys
David Wilson Wilson & Associates, P.A.

Re: undocumented salvadoran

You have a "big question". TPS is available as long as there are no intervening criminal convictions. As for Section 245(i) (when and if it gets extended), your husband and co-sponsor the petition using form I-864A. Apply for TPS so he cannot be removed. Then, file the marriage and adjustment petition if Congress reinstates Section 245(i)

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Answered on 5/21/01, 11:49 pm


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