TPS and AOS (split)

[SusieQQQ 11,586]

55 minutes ago, Future Us Citizen said:

Yes he waiting on oath...And I'm shock to why 2 different lawyers didn't say I was not qualify under this INA, because I believe I remembered one saying, "something about anything before 18 is not considered unlawful" 😣 Don't remember exactly the words in her immigration terms. I had consultation with 2 lawyers and not anyone of them told me this...wow!!! They both told me just make sure my current status never lapse or expired, that's it...

Hopefully you interview after he takes his oath.

 

@HRQX will the EWI still be an issue if spouse is USC? The status violations won’t but not sure about this.

[HRQX 4,145]

1 hour ago, SusieQQQ said:

@HRQX will the EWI still be an issue if spouse is USC? The status violations won’t but not sure about this.

Since OP left and reentered with TPS AP in ~2016 she would no longer have adjustment issues after her husband naturalizes. Then it'll depend how the Field Office interprets 8 CFR 245.1(b)(6)

Quote

The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and §245.10, is not included in the categories of aliens prohibited from applying for adjustment of status listed in §245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status:

....

(6) Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27) (H), (I), or (J) of the Act;

At worst it'll just mean a new I-485 would need to be filed.