Legal Question in Immigration Law in New York
I came to the US on a K1 visa in 2001, and then I got married and applied for change of status and work authorization. After a few months things did not work very well. My ex-wife left me, she sent a letter to USCIS and lied about our marriage and she canceled my change of status. A year later I met my wife and we have been together for over 10 years without any changes in my legal status. I wanted to change my status but the 10 years bar is what stopped me from doing so. A family member just told me that I should be eligible for TPS since I am from Syria. In the last 10 years I have never broken the law and have done nothing illegal. Do you think I am eligible for TPS? How long would it take to adjust status? If I get approved for TPS can I apply for change of status since I would become a lawful residence?
Thanks for your help.
2 Answers from Attorneys
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A person who is granted temporary protected status is not eligible to adjust status to lawful permanent resident if they are otherwise inadmissible. Based on the information you have provided, it appears that you have been out of status since your K-1 visa expired, so it is unlikely that you would be able to adjust your status to lawful permanent resident if you are granted temporary protected status.
Nor would you be able to adjust status based on your second marriage, because since you came to the U.S. on a K-1 visa you would only be able to adjust status based on marriage to the fianc�e petitioner.
The INA allows for the beneficiary of a K-1 visa to remove the conditional basis of permanent resident status without a joint petition if they meet the requirements for a hardship waiver. (Among other things, you would have to show that the first marriage was entered into in good faith). You might want to consider renewing the adjustment application based on the fianc�e petition, but you should talk to an immigration attorney first so that all the facts can be brought to light, and all your options considered.
Your case is complicated, and requires a detailed and thorough review and analysis by an immigration attorney.
This email is for general information purposes only and does not create an attorney-client relationship.
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