From Tps To Green Card: A Guide To Transitioning From Temporary Protected Status To Permanent Residency

Introduction

Temporary Protected Status (TPS) is a rule from the United States’ government that allows individuals from certain countries. These are countries experiencing natural disasters or wars. TPS allows these persons to come and stay in the US for some time.

It protects them from returning and allows them to apply for work permits. For many people with TPS status, an eventual path toward more permanent legal status would be important to pursue when possible. Learn more about how to move from TPS to a green card status.

The United States Citizenship and Immigration Service (USCIS) indicated that there are certain instances where people can transition from TPS to a green card status. This is a big move because it is the step towards becoming a permanent resident and maybe even getting US citizenship.

Understandably, changing status from TPS to a green card is not always straightforward. Indeed, there are ways to do it legally, but it all depends on many factors. For example, your situation, the current rules of immigration, and whether there may be other possible immigration statuses that would suit you.

This post provides an important guide on the transition from TPS to a green card status.

Overview of the TPS

TPS is a program that the US government has to help people in need. It allows people from some countries to stay in the US for a while if their home countries are going through wars, big storms, or other really tough situations.

TPS is a safety net for nationals from those countries that are confronted with big disasters, such as wars and natural catastrophes. It also serves as a means for some to move from TPS a green card if certain requirements are met.

The head of Homeland Security determines which countries receive TPS. At this time, a handful of countries, including Haiti, can remain in the US under this program.

TPS prevents individuals from being returned to their country of origin and allows them to work in the US during the time they remain in the country. This is super helpful until things get better back home.

Is it possible to move from TPS to a green card status?

The answer to this question depends on a lot of factors. TPS doesn’t automatically lead to a green card. You can keep your TPS if the Department of Homeland Security decides to renew it. But if they don’t, your TPS will lapse, and you will go back to the immigration status you had before getting TPS, unless you switch to a different immigration status.

If you got into the US legally – meaning you came in through an airport or another entry point with a valid passport, and you are eligible for a green card through a family or work petition, or by getting asylum, you might be able to change your status from TPS to a green card status.

But if you got into the US without being checked in, like crossing the border, you can’t change your status. This is because to change your status while you are in the US, you need to have been officially admitted. TPS isn’t considered an admission into the US. You will have to go back to your country and apply for a green card from outside the US.

There is another way if you got into the US without being checked in. If you apply for and get Advance Parole, you can travel outside the US and come back to the US through a port of entry. This makes you “paroled.” This means you have the “admission” you need to adjust your status. One cool thing about TPS is that you can apply for Advance Parole.

Once you are back in the US after traveling with advance parole, you can apply for a green card and become a lawful permanent resident through another immigration relief or by being the beneficiary of another immigration petition.

The process of applying for a TPS to green card transition is called adjustment of status. You need to have a reason, like an approved family or work petition, or asylee status, to change your status from TPS to a green card status. It is important to know which situations specifically allow TPS holders to get a green card.

Options to move from TPS to a green card status

1. The marriage path

In the US, if you are a TPS beneficiary and you have tied the knot with a US citizen or someone with a green card, you can switch to a more stable status. The usual time it takes to get a green card from marrying a US person is from 9 to 36 months. This depends on whether your spouse is a citizen or green card holder.

If you are living in the US and your TPS status lapses, but you have a spouse who is a US citizen or someone with a green card, you are in luck. You can ask for a TPS to green card status upgrade as long as you meet all the other rules set by the Immigration and Nationality Act (INA).

1. Through other family members in the US

If you are a TPS holder and have a family member who is a US citizen, or a green card holder, you have the chance to move to a permanent green card status. You need to have a family member with the right to petition on your behalf.

1. Through jobs

If your job qualifies you for a green card, you can also ask your employer for a permanent resident status. But, keep in mind, it is not always easy or quick. Many job visas mean your employer has to sponsor you, and there might be a long process, like getting a Labor Certification for some visas.

1. The asylum path

If you are a TPS holder and file for asylum at the same time, you can also apply for a permanent resident status. After getting asylum, you become an asylee, and a year after that, you can apply to switch your status to a green card.

Get help!

Transitioning from TPS to green card status can be tricky, but having professional legal advice is key. Having someone really good at this stuff can really change the game.

At Gehi and Associates, our team is well-versed in the process of taking you from being a TPS holder to a green card status. We realize each case is unique, so our attorneys consult on a personalized basis with advice that fits your needs to take you through it all.

We have a lot of services around immigration, from helping you with your TPS application so you can keep your status to working with you to move onto a green card. And our support doesn’t stop after we file your application for you. We are here to back you up, at interviews and requests for more proof.

Our experienced immigration attorneys can make a big difference between a successful application and a rejected one. Our immigration attorneys will guide you through each step. From preparation to submission, we will ensure that all documents are prepared correctly and submitted on time. We will also prepare you for any interviews or requests for evidence by USCIS.

Don’t let stress over changing your status hold you back. Connect with us today and let our team help you through getting your green card!