Can TPS Apply for a Green Card?
Those holding Temporary Protected Status (TPS) receive that designation because they are nationals of foreign countries currently undergoing strife or political upheaval. This may involve ongoing armed conflict, environmental catastrophe, or other extreme but short-term conditions. TPS designations last between six and 18 months. A person with TPS may apply for a Green Card if eligible. There is no special designation for TPS beneficiaries to pursue a separate Green Card path.
Steps Involved in TPS to Green Card Transition
A person with TPS can apply for a Green Card if they meet one of the following criteria:
- Marriage to a U.S. citizen
- Sponsorship job offer from a U.S. employer
- Asylum applications in progress.
Please note that if you entered the U.S. illegally, you are not eligible for an adjustment of status from TPS to lawful permanent resident. To obtain this, you must leave the country and have your visa processed at a consulate. If your TPS designation ends, your status reverts to the immigration status you held before receiving TPS.
If it becomes safe for you to return home, you can apply for an immigration visa at the U.S. consulate or embassy. If your application was previously denied, you can request a U.S. Citizenship and Immigration Services (USCIS) review.
Recent Policy Changes Affecting TPS Holder’s Green Card Eligibility
The Trump Administration initiated a December 2019 policy change that eliminated TPS protections for thousands of people. Following a lawsuit by TPS beneficiaries and advocates against the policy changes, U.S. Citizenship and Immigration Services (USCIS) agreed to restore the path to permanent residency for TPS beneficiaries in March 2022. This agreement allows TPS holders to reopen and dismiss any removal orders while applying for an adjustment of status to become lawful permanent residents.
According to the USCIS, a TPS recipient with a removal or deportation order seeking adjustment of status–whose application was previously denied–must file a new Form I-485, Application to Register Permanent Residence or Adjust Status. They can also reopen their denied application for adjustment of status with the USCIS at any time by filing a motion to reopen on Form I-290B, Notice of Appeal or Motion.
The Importance of Legal Advice When Seeking a Green Card Application
Obtaining permanent legal residence status is complicated. While you may not qualify for a Green Card under certain circumstances, your attorney could guide you toward another path to obtain permanent resident status. For instance, you may prove a candidate for asylum status. If granted, you can then apply for an asylum-based Green Card.
Because immigration law is so complex, this is not a task you should attempt on your own. Even minor errors in paperwork or documentation could significantly affect the process.
Contact Bassey Immigration Law Center
Trust our team of experienced and dedicated attorneys at Bassey Immigration Law Center P.A., a dependable resource for non-U.S. citizens in Florida. We assist in navigating the complex forms and procedural requirements for obtaining a Green Card and becoming a Naturalized U.S. citizen. Complete our online form or call us to schedule a consultation at our conveniently located offices in downtown Tampa and Clearwater.
While Green Cards cannot be obtained directly through TPS, our citizenship attorneys can help you apply separately for lawful permanent residency. We welcome the opportunity to help you build your life in the U.S., educating, advocating, and navigating the legal process for clients from all walks of life. Contact us by email or phone to schedule a consultation.
