When can someone one TPS from El Salvador apply for residency?

My husband was brought to the US when he was 8 by his mother (now almost 30). He has gone to school here, worked, payed taxes and never been in trouble. We have been married for 4 years with no children. He does have current TPS status. What can we do? Everyone else in his family got residency but he was over 21 when they approved his mother so he was kicked off her application.


We went to see a lawyer and he told us if we file as being married my husband would have to go back for a period od time.

1 Answer

  • Ed
    Lv 7
    1 decade ago
    Best Answer

    If you are a legal resident or US citizen, you can petition for an immigrant visa for him. The petition form is I-130. If you are a citizen, he can concurrently file for permanent residence on form I-485. If

    you are only a legal resident, he cannot apply for residence or a visa

    until a quota is available. See uscis.gov for the forms and instructions.

    Source(s): uscis.gov
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