TPS wants to Consular process, has alcohol charge

[Bengalita 12]

Hi everyone. Ok, here's the deal. The applicant is currently holding TPS status. He EWI when he was 6 years old from El Salvador. When he was 15, he was approved for TPS, and he has TPS status ever since. He is 22 years old now, married to a USC and has a little baby.

When he was 18, he was convicted of "consuming alcohol under 21". That's what he was charged with and that was his conviction. No jail time, just paid some fines, did some community service, etc etc etc.

Now that he's married to a USC, he wants to Consular Process, which means he needs to return to El Salvador. Several people have told me that, while he needs to return to El Salvador, he will NOT need a I-601 waiver, since he obtained some sort of legal status (TPS) before his 18th birthday. However, this alcohol charge will not favor him, obviously. So, what could potentially happen when he is interviewed? Is there such a thing as a 1 year ban for alcohol? Are these matters basically just up to the Consular Officer as how they are handled...perhaps a discretionary matter?

Thanks for your answers.

(PS: Yes, I know that he could have gone back to El Salvador on Advance Parole and entered legally to the USA again, and that would help him to Adjust Status here in the USA with a waiver instead of having to go back to El Salvador. But don't you need to prove that you have an emergency in your country in order to get Advance Parole granted? He doesn't have an emergency in his country, that's why he never asked for Advance Parole)

[hikergirl 277]

Found this: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=848f7f2ef0745210VgnVCM100000082ca60aRCRD&vgnextchannel=848f7f2ef0745210VgnVCM100000082ca60aRCRD

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:

Applying for nonimmigrant status

Filing for adjustment of status based on an immigrant petition

Reading the above I would think he could adjust his status while in the US based on his marriage (I-130 & I-485) and interview within the US.

Hopefully someone with experience will chime in.

[Bengalita 12]

Found this: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=848f7f2ef0745210VgnVCM100000082ca60aRCRD&vgnextchannel=848f7f2ef0745210VgnVCM100000082ca60aRCRD

Reading the above I would think he could adjust his status while in the US based on his marriage (I-130 & I-485) and interview within the US.

Hopefully someone with experience will chime in.

No, he absolutely can't. He entered illegally and is not protected under 245-i.