Legal Question in Immigration Law in California

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


Asked on 8/27/13, 8:31 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If you entered on a K-1, then you were required to have returned home if you did not apply for adjustment of status, pursuant to your marriage to a U.S. citizen, as it appears you are well aware.

However. as far as TPS goes, you only have until December to apply (but this will NOT allow you to get a "greencard", since you are still inadmissible due to the fiance visa issue from 2001). Please refer to www.uscis.gov (& search "Syria TPS") for more information, including the following:

If you do not currently have TPS for Syria, you may file an initial application to register for TPS for Syria under the recent re-designation. In order to register for TPS status, you must file your TPS package during the 180-day registration period that runs from June 17, 2013 through December 16, 2013. We encourage you to register as soon as possible within the 180-day initial registration period.

In addition you might be required to file a Waiver of Inadmissibility (See: www.uscis.gov, & search "TPS Applicants Seeking a Waiver of Grounds of Inadmissibility Under INA Section 244(c)(2)(A)(ii)").

Good luck!

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Answered on 8/28/13, 4:03 pm
Rebecca White Law Office of Rebecca White

You do have a deadline to file for TPS for Syrians. That you last entered the US on a K visa will present some complications. The terms of the K visa require that a person entering the US on a K visa either marry and adjust based upon the marriage to the petitioner, or depart the US. Clearly you did not do so. At this time you may be able to file for a waiver with the TPS application. You will need to use form I-601 for the waiver. For now you may want to focus on filing for TPS and the I-601 with the TPS application, and prepare an I-130 immigrant visa petition. From there you can review your options for adjusting to a green card - but TPS would give you a nice change, as it will provide proof of employment authorization. If I can provide further assistance please let me know.

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Answered on 8/30/13, 5:34 pm


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