Posted by: aaisunkaata February 7, 2025
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As a U.S. citizen petitioning for your spouse, who currently holds Temporary Protected Status (TPS) and had a two-year period of unlawful presence in 2013, you are considering filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently. Here's an overview of the process and considerations:
**Concurrent Filing of I-130 and I-485:**
Immediate relatives of U.S. citizens, including spouses, are eligible to file Forms I-130 and I-485 concurrently. This concurrent filing is permissible because visas are immediately available for this category, eliminating the need to wait for I-130 approval before submitting the I-485.
**Impact of Prior Unlawful Presence:**
Unlawful presence can affect eligibility for adjustment of status. However, immediate relatives of U.S. citizens are exempt from certain bars related to unlawful presence. This means that even with a prior overstay, your spouse may still be eligible to adjust status within the U.S.
**Considerations for TPS Holders:**
TPS holders are generally considered to have lawful status during the period of TPS designation. This lawful status can be beneficial when applying for adjustment of status. However, it's essential to ensure that all eligibility requirements are met and to be aware of any potential issues arising from prior periods of unlawful presence.
**Recommendations:**
- **Concurrent Filing:** Given your circumstances, filing the I-130 and I-485 concurrently is a common and often efficient approach. This allows for the simultaneous processing of both petitions, potentially reducing overall processing time.
- **Legal Consultation:** Due to the complexities associated with prior unlawful presence and TPS, it is advisable to consult with an immigration attorney. They can provide personalized guidance, ensure that all forms are completed accurately, and help navigate any potential legal challenges.
By taking these steps, you can work towards securing permanent resident status for your spouse while addressing any potential complications arising from past immigration history.
This is for informational purposes only and should not be considered legal advice. I recommend consulting an immigration attorney for personalized guidance
**Concurrent Filing of I-130 and I-485:**
Immediate relatives of U.S. citizens, including spouses, are eligible to file Forms I-130 and I-485 concurrently. This concurrent filing is permissible because visas are immediately available for this category, eliminating the need to wait for I-130 approval before submitting the I-485.
**Impact of Prior Unlawful Presence:**
Unlawful presence can affect eligibility for adjustment of status. However, immediate relatives of U.S. citizens are exempt from certain bars related to unlawful presence. This means that even with a prior overstay, your spouse may still be eligible to adjust status within the U.S.
**Considerations for TPS Holders:**
TPS holders are generally considered to have lawful status during the period of TPS designation. This lawful status can be beneficial when applying for adjustment of status. However, it's essential to ensure that all eligibility requirements are met and to be aware of any potential issues arising from prior periods of unlawful presence.
**Recommendations:**
- **Concurrent Filing:** Given your circumstances, filing the I-130 and I-485 concurrently is a common and often efficient approach. This allows for the simultaneous processing of both petitions, potentially reducing overall processing time.
- **Legal Consultation:** Due to the complexities associated with prior unlawful presence and TPS, it is advisable to consult with an immigration attorney. They can provide personalized guidance, ensure that all forms are completed accurately, and help navigate any potential legal challenges.
By taking these steps, you can work towards securing permanent resident status for your spouse while addressing any potential complications arising from past immigration history.
This is for informational purposes only and should not be considered legal advice. I recommend consulting an immigration attorney for personalized guidance