Posted by: Sexy In Sari April 21, 2025
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She entered lawfully but overstayed her visa. That overstay, while a violation, does not preclude adjustment of status. If she is married to a United States citizen, no statute stands as a bar to her pursuit of lawful permanent residency.
Select "YES."
The best approach I’ve seen is to mail both forms together in the same envelope (USPS priority mail flat rate-the red one). Make sure to get a delivered or received alert. And the right address.
If she has TPS granted on or after 2015, make sure to list the unlawful presence dates as the time before her TPS approval date on page 24. And write a short note on unlawful presence since 2009-—maybe 4 lines.
She entered the U.S. legally on an H-1B visa. In 2008, during the recession, she lost her job and couldn’t find a new sponsor, which caused her to fall out of status. She remained in the U.S. due to personal and financial hardship. After 2015, she was granted Temporary Protected Status (TPS).