TPS to Green Card via Marriage

Veronica was a TPS (Temporary Protected Status) applicant from El Salvador, married to a United States Citizen. Veronica’s husband was worried about her temporary immigration status, but they did not want to move forward with a marriage residency petition because they were afraid of having to travel to El Salvador to wait for her Green Card and be separated for a long time.

In December 2016 they decided to seek legal advice, and they hired the services of our immigration lawyers at FitzGerald Law Company. After attorney FitzGerald and his team evaluated Veronica’s case, they learned that Veronica entered the United States without inspection in 1998 and she was granted TPS in 2001 but had never left the U.S., even after she married her American husband in 2009. After reviewing the facts of her case, the legal team found a path for her to obtain Legal Permanent Resident status while staying in the United States.

The strategy of our immigration lawyers was to divide the case in 2 parts:.

  • The first part was for Veronica to obtain legal admission to the United States. We filed an I-131 application with USCIS based on her TPS status, which authorized her to travel to El Salvador and re-enter the U.S. with inspection by an immigration officer.
  • The second part was the filing of the marriage Green Card petition which was ultimately approved and since Veronica had entered the U.S. legally with her travel permit, I-131, she was able to file her I-485 (adjustment of status application) and receive her U.S. residency without having to travel outside to receive it at the U.S. Consulate.

Nowadays, Veronica enjoys the benefits of having U.S. Permanent Residency and together with her husband she loves to travel back and forth to El Salvador and help children in need.

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Desmond P. FitzGerald, Esq.

Principal Attorney

Desmond P. FitzGerald is a Boston-based immigration, criminal defense and personal injury attorney, founder of FitzGerald Law Company. Inspired by his own immigrant family background and personal immigration experience, he provides dedicated, personalized legal support to individuals, families and businesses navigating the U.S. immigration and legal system. With extensive experience representing clients before state and federal agencies and courts, he has achieved notable successes in complex immigration, personal injury, and criminal cases.

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