Q: Help is needed below:
My wife came to the US as a tourist, legally, but has since been granted TPS due to some disasters that occurred in her country. As a US citizen, I want to change her immigration status. We already know that we have to file for I-130 which may take 5-12 months and then I-485. The problem is, my wife's TPS is set to expire in about 4 months. My questions are the following:
- Can we file both forms, I-130 and I-485, together?
- Knowing that her TPS is about to expire, will she still have to leave even if the forms are sent?
- Is there anything that can be done to prevent she being forced to depart from the US when the TPS get expired?
Please help!
A: You can file the I-130 and the I-485 simultaneously. She will not have to leave. She can also file for an EAD at the same time.
1 user found this answer helpful
A: I agree with my colleague Mr. Morales. The employment authorization document (EAD) for which she can apply simultaneously with her I-130 and I-485 should take about 3 months to be processed. To avoid any lapse in employment authorization, you may wish to consider moving quickly. If your wife has any criminal history or negative immigration history, consider talking with a competent attorney before filing.
1 user found this answer helpful
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