Question:

I have an order of deportation from 1990, but then I applied for TPS and it was granted. My TPS is currently valid, and I have never stopped renewing my TPS. Also, I have never been convicted of any offense. Can I be deported?

Answer:

No. As long as your TPS is valid you cannot be deported, even if you have an order of deportation. However, it is very important that you continue renewing your TPS. That is the only protection you have from deportation.


Question:

I was granted Deferred Action for Childhood Arrivals (DACA) in October 2013. I am currently attending college, and I have the opportunity to study abroad in Spain this summer. Can I travel outside the United States?

Answer:

Yes, but you first need to request a travel permit. DACA recipients can apply for an advance parole for employment or educational purposes. But be careful. You do not qualify to travel outside of the United States if you have an order of deportation.


Question:

I am from El Salvador, and I entered the United States for the first time in 2000 without inspection. I have never been detained by immigration or the police. I am now married, and my wife is a U.S. citizen. I have never left the United States since I first arrived. Can my wife petition for me? Do I need to leave the United States to appear for my interview at the U.S. Consulate in El Salvador?

Answer:

Yes, your wife can file a family petition for you, but you will have to leave the United States for your appointment (unless you have a petition filed prior to April 30, 2001). However, you qualify for the provisional waiver, a program that allows you to file your waiver for unlawful presence here in the United States before you leave for your appointment. If your waiver is approved, you still have to go to your appointment at the U.S. Consulate in El Salvador. However, because you will have a pre-approved waiver, you will be able to return to the United States within weeks instead of months.


Question:

I am 21 years old and came to the United States when I was only 14 years old. I have never left the country since then, but I have an order of deportation. I finished high school, and I have never had any problems with the police. Can I apply for DACA?

Answer:

Yes, and you should. You are at risk of being detained and deported by Immigration at any time. The easiest way to stop your deportation is by applying for DACA. You must apply now before it is too late.


Question:

My fiancé is a foreign national of the same sex. Can I file a fiancé petition for him or her? Can I file to sponsor my fiancé for a family-based immigrant visa after we are married and he or she becomes my spouse?

Answer:

Yes. You may file a fiancé petition for your same sex partner to enter the U.S. for marriage as long as all other immigration requirements are met. After you and your fiancé are married, you may file a family-based immigration petition to sponsor them for an immigrant visa. Your petition will be reviewed in accordance with all applicable immigration laws and will not be denied based on the same-sex nature of your marriage.


Question:

I was granted conditional permanent residence based on my marriage to a U.S. citizen, but my ex-husband and I divorced before I could apply to have the condition removed. Does the divorce affect my status as a conditional permanent resident?

Answer:

Yes. Generally, the divorce terminates conditional permanent residence. However, it is possible to obtain a waiver of termination if you are no longer married to your spouse but entered the marriage in good faith or have been battered or abused by your spouse.


Question:

My wife and I are in the United States in valid non-immigrant status. Our 2-year-old daughter was born in the United States and is a U.S. Citizen. Can our daughter file an immediate relative petition for us now?

Answer:

No. Your daughter may not file an immigrant petition for you until she reaches the age of 21.