I130 approved, ineligible for AOS, Current Priority Date, May be eligible for TPS

[hopeful14 4]

Hello,

My wife who is an LPR petitioned me, got my I130 approved but ineligible for AOS because I overstayed. NVC got my case and said I was eligible now for further processing, but we did not fill up and send the forms given to us because we did not want to have the interview in the Philippines and trigger the 10 yr ban.,

In light of the recent disaster in my country, there were measures given that may help those who were affected by the disaster (as posted in the uscis website). A Temporary Protected Status for the Phils was also requested by the Phil Govt and may be approved very soon.

My question is, can I contact USCIS and request them to have my processing here in the US as part of their humanitarian program? or should I just wait for the TPS so I could apply and be under that program til my wife becomes a USC in 2 years.

Thanks for the help.

Off topic: I have a friend who is in the same status that I am in but got their green card last week. He also overstayed, wife is only a LPR but was eligible for AOS and received his greencard. I got so confused.

[aleful 1,905]

hi

tps does not give pathway to GC, if the Phil are granted tps, it is just a work permit that has to be renewed. you cannot adjust status in the US because of it.

that's not normal to happen for your friend, because even if his PD was current, with his overstay he probably shouldn't have gotten the GC. how long was the overstay?

[hopeful14 4]

hi

tps does not give pathway to GC, if the Phil are granted tps, it is just a work permit that has to be renewed. you cannot adjust status in the US because of it.

that's not normal to happen for your friend, because even if his PD was current, with his overstay he probably shouldn't have gotten the GC. how long was the overstay?

thanks for the reply...

at this point, all I want is to be able to get EAD and be allowed to travel back to the Phils.

My friend overstayed for more than 5 years.