TPS to Green Card

Many people wonder about going from TPS to Green Card. Temporary Protected Status does not mean you have a sure path to obtain permanent residence, but other options may be available.

From TPS to Green Card

Consult an immigration attorney if you want to go from Temporary Protected Status or TPS to Green Card. A green card, also known as a Permanent Resident Card, is issued to immigrants as proof they can legally reside in the United States.

Individuals with green cards are considered Lawful Permanent Residents (LPR). There are an estimated 13.2 million green cardholders in the United States, with 65,000 serving in the military.

TPS or Temporary Protected Status, on the other hand, is by its definition temporary. The Department of Homeland Security grants it to eligible foreign nationals who can’t return to their home safely because of various reasons that prevent their country from handling their return.

There may be avenues where someone with TPS could gain Permanent Residency, but it is not a sure thing.

To learn more about immigration law, as well as obtain information and legal advice about filing for permanent residency, you should reach out to Tadeo & Silva Immigration Attorneys. They will ensure your rights are protected while you are in the United States.

Can I Apply for a Green Card If I Have TPS?

You may be wondering, “Can I apply for a green card if I have temporary protected status TPS?” TPS is a temporary U.S. immigration status for residents of countries undergoing environmental disasters, war, or extreme conditions.

TPS holders are issued a work permit and can not be deported for six, twelve, or eighteen months at a time. The status can be extended within sixty days of expiration, depending on the current condition of their home country.

The following countries currently have TPS designation:

• El Salvador
• Haiti
• Honduras
• Liberia
• Nepal
• Nicaragua
• Somalia
• South Sudan
• Sudan
• Syria
• Yemen

The list often changes at the U.S. government’s discretion. An immigration attorney can give you the most accurate and up-to-date information.

Can TPS Apply for Green Card?

What is TPS, and can people with it apply for a green card? TPS does not supply immigrants with a separate path to lawful permanent residence (a green card) or citizenship.

Even if TPS holders or TPS beneficiaries were to live and work legally in the U.S. for several years, there are no routes that simply lead to green cards. However, a person receiving TPS may apply for the status if they are eligible for other reasons.

Typically, an individual who entered the United States without inspection (commonly known as entering “illegally,” although this terminology is not exactly true) is not eligible for permanent residence. However, as of May 2019, three federal appellate circuit courts had ruled that:

• A person with valid TPS status could become a citizen if eligible through an employment-based or family-based immigration petition, even if they entered without inspection.
• A person who entered without inspection cannot adjust to permanent residence.

The path of TPS to a green card is not guaranteed, and someone attempting this immigration strategy should hire an immigration lawyer that offers a range of services like citizenship, deportation defense, and federal litigation.

TPS Adjustment

A TPS adjustment is granted when TPS beneficiaries or TPS holders return to the immigration status they previously held or they acquired a new status. For many people, a TPS adjustment occurs when the U.S. government ends the temporary protected status for citizens of their country.

Then, anyone in the U.S. who lost this TPS status would return to being undocumented and subject to removal.

Is TPS an Admission for Adjustment of Status?

Under INA § 245, an adjustment of status is the act of becoming a Lawful Permanent Resident through processing at the Department of Homeland Security. Although recognizing adjustment of status does not fit the definition, the CIA has held that it counts as admission to the U.S.

Adjustment of Status from TPS to Green Card

For some, although it is rare, an adjustment of status from TPS to a green card is possible. This is most likely to occur if you are eligible to apply for Lawful Permanent Resident status via other avenues, such as having an immediate family member who is an LPR.

If you are seeking an adjustment of status, you may wonder, “How long does it take to get a green card?” The short answer: it depends.

Some TPS holders may apply for a green card and be eligible for Advance Parole or permission to travel. This means they can lawfully reenter the U.S.

Once the TPS holder is paroled into the U.S., they may apply for an adjustment of status based on a marriage residency petition, a family residency petition, or an employment residency petition.

If TPS holders or TPS beneficiaries need a Waiver of Deportation, they may want permission to travel to allow them to return to the United States while the waiver is processing.

Individuals that have been granted Advance Parole must know there are risks involved. Every person is subject to inspection at the port of entry.

If they have a prior criminal history or cases with immigration, they could lose TPS. Hence, it is essential to consult a lawyer familiar with USCIS Atlanta to identify the best possible strategy for your case.