Grosse Pointe, MI Immigration Law Firms & Lawyers

No one can predict the chance of success in a post-conviction relief case.  There are too many variables.  You should first find a post-conviction relief attorney in the state where your husband was convicted.  If the conviction can be removed or the sentence changed, then contact an immigration attorney to see if you can get your husband's removal case reopened.

Although the minority view is that a timely application for asylum from a person on a current B-2 visa status preserves lawful status to allow adjustment of status in the future, the unanimous view is that a NTA ends the ability to be considered in lawful status. Obtaining TPS after getting a NTA in our opinion would not allow you to be considered in lawful status for purposes of a later adjustment of status application through your parents. We note that there have been many shifting policies and developments concerning TPS in the past few years which may continue and so our present opinion may not necessarily be accurate in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Since you are married son of a U.S. citizen, you are not considered an "immediate relative" under the immigration laws. Only immediate relatives are eligible for "Adjustment of Status" ("Green card") if they are out of status in the U.S. You are in Third Preference Category (F3 - married sons/daughters of US citizens), and depending on which country you are from, the priority date for you is probably several years away (you can check the priority dates on the visa bulletin here). So since by the time your priority date becomes current, you would certainly be out of status, and not being an "immediate relative" you would not be eligible for Adjustment of Status. So if you can avoid being out of status (especially, to avoid the 3 and 10 year bars to reentry), you shouldn't remain in the U.S. without a non-immigrant status.