Temporary Protected Status, TPS, is an immigration benefit given to foreign nationals of certain countries going through a hard time, like armed conflict. It is a temporary immigration status given to nationals that cannot be deported to their home country for safety reasons.
This immigration relief has always been the lifeline to thousands of individuals already in the U.S. before their country issues began. If you have a TPS status, you can change it to a marriage green card; with this, you can remain in the U.S. permanently. However, one primary immigration issue many have is how to change a temporary status like the TPS to a permanent one like those enjoyed by lawful permanent residents.
If you’re interested in knowing more about Temporary Protected Status, you’ve come to the right place. This article will discuss the benefits of this temporary immigration status, the process of obtaining TPS, and what it means to have it.
Can TPS Get Green Cards Through Marriage?
If you’re a beneficiary of TPS and are married, you can apply for a green card through your marriage status. You can apply for and obtain a marriage-based green card whether you’re married to a US green card holder or US citizen.
You can become a lawful permanent resident; you and your spouse will fill and submit Forms I-130 and I-485. Form I-130 is Petition for Alien Relative filed by the citizen spouse; Form I-485 is Application to Register Permanent Residence or Adjust Status.
Can TPS Change Status to Green Card?
Being a beneficiary of Temporary Protected Status doesn’t necessarily secure you the green card or any other immigration status. Nevertheless, you can apply for any other non-immigration status or file for adjustment of status based on an immigration petition.
You can also apply for any other immigration benefit or protection, provided you meet the eligibility requirements. Thus, you can adjust status and obtain a green card as a beneficiary of TPS if you are eligible for it.
Is TPS Lawful Permanent Resident?
TPS does not, in itself, lead to lawful permanent residence status or citizenship; one has to apply to obtain it. Six federal appellate circuits, including the Third, Fifth, Sixth, Eighth, Ninth, and Eleventh Circuits, sat and ruled on this issue.
Three (Third, Fifth, and Eleventh) ruled that a TPS beneficiary who entered the U.S. without inspection is ineligible to adjust to permanent residence status. The other three (Sixth, Eighth, and Ninth) ruled that a TPS beneficiary can adjust to family-based or employment-based lawful permanent residence.
The Supreme Court ruled that a TPS recipient whose presence in the US wasn’t through lawful entry cannot adjust status to permanent residence within the U.S. To become a lawful permanent resident. The TPS, based on this Supreme Court ruling, has to leave the U.S. and go through consular processing in their home country – Iran, Iraq, Ireland, or whatever country they are from.
If a TPS beneficiary was lawfully admitted by the USCIS (proven by an advance parole document), they can adjust status. The advance parole papers relied upon must be tendered and reviewed by the appropriate authority.
How Can You Change from TPS to Marriage Green Card?
If you’re changing from TPS to a marriage green card, you’ll apply for it following the same procedure other spouses follow. You’ll use the AOS (Adjustment of Status) process to file your application while you’re in the country.
Then, you and your spouse will file Form I-130, the family sponsorship form, and Form I-485, the green card application to facilitate your adjustment of status. If you didn’t commit marriage fraud and your marriage is in good faith, you should get the adjustment of status card in ten to thirteen months.
What Benefits Does a TPS Beneficiary Stand to Gain?
If you’re a TPS beneficiary or are eligible to obtain it after the interview, you stand to enjoy some benefits. First off, you cannot be placed in deportation proceedings – that is, no one can remove you from the U.S.
Additionally, you can get travel authorization and employment authorization documents (EAD), which means you can work. As a beneficiary of TPS, if the Department of Homeland Security (DHS) detains you, it won’t be because of your immigration status.
How Can You Obtain Permanent Residence or Green Card As TPS Holders?
There are two ways to transition to being a permanent resident from a TPS beneficiary: through marriage or employment petition. As TPS holders, individuals can apply to adjust your status to Lawful Permanent Residence if you’re married to a U.S. citizen or have a U.S. citizen child.
If you have family members who are green card holders, they can petition for TPS holders – provided such persons meet the requirements. You can also seek lawful permanent residence through your employer if you meet the eligibility requirements for an employment-based green card.
However, to get a marriage based green card under the TPS program, you need to work with the right attorney advertising from a reputable law firm. You will have to pay legal fees for services offered, but you can be sure to have your employment authorization document and sensitive or confidential information reviewed in the best way possible during the immigration process.
Why Is the Adjustment of Status Under the TPS Program Important?
Adjustment of status under Temporary Protected Status is the easiest way to obtain a green card or permanent residency in the U.S. As part of the permanent residency application, a TPS beneficiary’s green card petition may be denied – especially if they are illegal immigrants with unlawful entrant. If such is discovered to be an illegal immigrant, they could face jail time, removal proceedings, and being barred from returning.
The barring can be for three years if they left voluntarily after unlawful presence for more than 180 days depending on what constitutes acceptance in that region under its immigration law. It can also be for ten years if they were unlawfully resident in the US for over a year and were deported.
What Are the Eligibility Requirements for TPS?
To obtain the TPS, a foreign entrant needs to prove their citizenship or habitual residence of a TPS-designated country and that they entered the United States lawfully. They also need to prove they’ve been residing in the United States from the date of their home country’s TPS designation.
Also, they should have been residing habitually in the U.S. since the date the Secretary of Homeland Security specified. Finally, they shouldn’t be inadmissible into the U.S. or, due to criminal or security-related reasons, cannot be granted asylum on supplemental terms.
For How Long is the TPS Valid?
How long you’re able to stay in the U.S. with TPS depends on the situation your country is facing. TPS validity period also depends on the time length the DHS designates your home country TPS-eligible.
However, the validity period typically ranges from six months minimum and eighteen months maximum, although DHS can extend it. In this period, you can enjoy free evaluation as a TPS holder who wants to apply for a green card provided you have a lawful status.
How Long Does a Work Permit under TPS last?
If you obtained a work permit under TPS, the permit expires the day your TPS designation expires. However, sometimes, the USCIS, United States Citizenship and Immigration Services, issues an automatic extension of EADs.
You would normally hear the announcement before your EAD expires. Then, you will need to show your employers the expired work permit and a copy of the notice published in the Federal Register.
Let Herman Legal Group Help You With the Status Change
When changing your TPS status to a marriage based green card, there is a lot to be done to get an immigrant visa for lawful admission. To be granted TPS, you need an experienced attorney who can work you through the process, and that is what we offer at Herman Legal Group.
It all starts with scheduling a consultation, and you can do that today by calling +1-800-808-4013 or +1-216-696-6170, or by booking online. Please note that message and data rates apply when you contact us using any of these numbers or book a consultation online. We can take these consultations in the office or via any other automated technology like Zoom, Skype, or Google Meet.
We often advise a person seeking immigration into the United States to establish and utilize a good attorney-client relationship [a confidential relationship] with an experienced immigration attorney. You can find many experienced immigration attorneys at reputable law firms who can help you through the process. By letting your immigration lawyer talk you through the application process, you can submit the proper documentation and avoid mistakes.