TPS Holder married to US Citizen

[Looz887 0]

Hi Everyone,

I am currently under Temporary Protected Status (Honduras) and have a work permit. I am trying to do my paperwork for the Green Card.

I see that the paperwork for Green Card has the I-765 as an option form to send in the pack.

I am unsure whether I have to resend an I-765 since I already have a current work permit which is expiring until Jan 2018.

Does anyone have any experience with this?

Thanks in advance for the help.

[EM_Vandaveer 2,408]

Have you entered the US legally?

If yes, then you can file for AOS. No reason not to send the I-765 as it's free. "Permission to accept employment" and code C9.

Edited November 4, 2016 by EM_Vandaveer

[aleful 1,905]

hi

you didn't mention how you entered the country, just because you have TPS. that isn't a pathway for a GC

if you entered legally to the country with a visa or visa waiver, then yes you can adjust status

but if you entered illegally to the country, then you will have to leave and return on an advance parole to enter legally

or go through consular processing and have your interview in your country, and depending how much time you were illegally living in the US and your age, you might need to file a waiver

please give us more details

[Looz887 0]

Sorry here are more details. I came here legally with a visa and was then given TPS Status back in 1998. I have had TPS ever since and have gone back to my home country several times under Advance Parole.

I now married a US Citizen earlier in this thus I am trying now to change my status and get a Green Card.

[Looz887 0]

any help on this would be much appreciated, thanks!

[IslandQueen 45]

As EM said above, apply for AOS.

[Looz887 0]

Thanks, I am currently doing paper work for AOS but my concern is whether i have to re apply for I-765 since I already have a current work permit which does not expire until Jan 2018.

[Mounat 74]

Thanks, I am currently doing paper work for AOS but my concern is whether i have to re apply for I-765 since I already have a current work permit which does not expire until Jan 2018.

The EAD you would get, if you applied, would be good for a year if they even issue you a new one. So at best it would expire around the same time.

It seems like a waste of an application and resources to adjudicate.

If your AOS takes longer than a year, you can always apply then.

It's a toss up really.