Temporary Protected Status (TPS) protects individuals from designated countries facing unsafe conditions. While TPS provides temporary relief, many individuals seek a more permanent solution, like obtaining a green card.
If you have TPS, it’s important to understand the options available for adjusting your status and achieving lawful permanent residency in the United States. This guide will outline how to get a green card if you have TPS, including the role of advanced parole, adjustment of status, and consular processing.
How to Get a Green Card If You Have TPS
Transitioning from Temporary Protected Status to a green card involves specific legal pathways. While TPS does not offer a direct route to lawful permanent residency, tools like advanced parole and family or employment-based petitions can help you meet the requirements for a green card.
What Is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a designation granted by the U.S. Department of Homeland Security (DHS). It is given to individuals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions. TPS allows eligible individuals to temporarily live and work in the United States without fear of deportation.
However, TPS does not provide a direct pathway to permanent residency or citizenship. TPS recipients must explore additional legal avenues to adjust their immigration status.
Key Benefits of TPS:
- Protection from deportation.
- Authorization to work legally in the U.S.
- Eligibility for travel authorization under certain circumstances.
If You Have TPS, Here Is What You Need to Know
If you hold TPS and want to pursue a green card, your options depend on your circumstances. TPS recipients often face challenges due to the temporary nature of their status. Meanwhile, pathways like advanced parole and consular processing can make permanent residency achievable.
Advanced Parole and Legal Entry
Advanced parole is a tool for TPS holders seeking a green card. It allows you to travel outside the U.S. and return legally. Upon reentry, you are “paroled” into the U.S. This satisfies the legal entry requirement for adjustment of status.
Here is how to use advanced parole for a green card:
- Apply for advanced parole through Form I-131, Application for Travel Document.
- Travel abroad and reenter the U.S. with your approved advanced parole document.
- Once you are paroled into the U.S., you may file for adjustment of status if you have a qualifying family-based or employment-based petition.
Adjustment of Status (AOS)
Adjustment of status allows eligible individuals to apply for a green card without leaving the U.S. TPS holders who have been paroled into the country via advanced parole may qualify for this process.
Eligibility Requirements for Adjustment of Status:
- You must have entered the U.S. legally or have been paroled.
- To proceed, you must have an approved immigrant petition. This could be a family-based petition filed by a U.S. citizen or lawful permanent resident relative or an employment-based petition from a U.S. employer.
Steps for Adjustment of Status:
- File Form I-485, Application to Register Permanent Residence or Adjust Status.
- Submit supporting documentation, including proof of TPS status, legal entry, and your approved immigrant petition.
- Attend a biometrics appointment and USCIS interview, if required.
- Wait for USCIS to process your application and issue a decision.
Consular Processing Outside the United States
Consular processing may be the only option for TPS holders who do not qualify for adjustment of status within the U.S. This process requires leaving the U.S. and applying for a green card through a U.S. consulate or embassy in your home country. Below are the steps for consular processing:
- Make sure you have an approved immigrant petition.
- Complete Form DS-260, Immigrant Visa and Alien Registration Application.
- Attend a visa interview at the U.S. consulate or embassy.
- If approved, travel to the U.S. as a lawful permanent resident.
Challenges of Consular Processing:
- If you have a prior deportation order or unlawful presence in the U.S., you may need to apply for a waiver before reentering.
- Leaving the U.S. can be risky if there are uncertainties about your eligibility or waiver approval.
Understanding Waivers
A waiver may be necessary if you are inadmissible due to previous immigration violations, such as unlawful presence or a deportation order. Filing for a waiver involves proving that your absence would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative.
Here are the key steps for filing a waiver:
- File Form I-601, Application for Waiver of Grounds of Inadmissibility.
- Submit evidence of hardship, including financial, emotional, and medical documentation.
- Wait for the U.S. consulate or USCIS to review your waiver request.
Obtaining a green card as a TPS holder requires traversing immigration pathways. However, it is achievable with the right guidance. Whether through advanced parole, adjustment of status, or consular processing, it’s important to explore all available options to determine the best course for your situation.
At Ahmad & Associates, we specialize in immigration laws and helping TPS recipients transition to permanent residency. Contact us today to schedule a consultation and take the next step toward securing your future.
