I am looking for any assistance with our immigration situation, as I've not really seen anything similar while reading through these forums.
My husband entered the US illegally in March 2000. Immediately upon entry, he applied for and was approved for a Temporary Protected Status (TPS). He is from El Salvador. He also was approved for an EAD and recieved a SSN.
He continued to apply for his TPS each time it was up for renewal and was approved each time. Until 2008. Because he had 2 misdemeanors - trespassing and damage to property (he was at a party that got out of hand, and he was arrested along with a bunch of his friends), the TPS was denied. He is no longer eligible for the TPS.
He was then put into "removal proceedings" and had to appear before an Immigration judge. We asked for more time to try to obtain an immigration lawyer and try to fix the situation. The judge granted us a continuance.
We had our son in September 2008, lost a baby at 11 weeks in 2009, and we finally got married in February 2011. I then filed an I-130 on his behalf earlier this month. At this point it is pending, with a timeline on the USCIS website of 5+ months. He had another appearance before the Immigration judge on 9/28 and she agreed to again set a continuance to give us time for the I-130 to go through process. (The judge is amazing -- she acts like she really wants to help us! Judge Paula Davis in Kansas City, MO)
However - the bad news is... she said he is NOT eligible to "adjust status" since he entered illegally. She advised us that even if the I-130 is approved, he may have to deport for a year or more since he entered illegally. Ive also read that he may receive a 10 year ban. Which is it? Can we avoid this?
Any suggestion on what we should do now? He is terrified to go back to El Salvador, the violence and gang activity is horrible, drugs, proverty, lack of employment, etc. His parents live there, but they are both in their 60's and very poor. I do not want my son to lose his father and I dont want our family split up for who knows how long. I will do whatever it takes to keep my family together and I'm praying we can continue to stay together.
Advice please???
Thank you so much, from the bottom of my heart!

