HOW TO SUCCESSFULLY MOVE FROM TPS TO GREEN CARD: INSIGHTS FROM AN IMMIGRATION LAWYER

 Introduction

If you have been living in the United States under TPS for a while, you might be able to get a green card if things work out well for you for you. If you are in a good spot and want to stay in the US forever, go ahead and apply for a green card. Once you get one, you will be able to do a lot more things in the US like work and live without any worries about being sent back.

With TPS, you can stay in the US for a while, but the government keeps checking if it is still safe in your home country. If they say it is okay, you will have to leave. The government puts out updates about changes to TPS in the Federal Register. Right now, the countries that are still under TPS are Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen.

If you are eligible, you should apply to move from a TPS to a green card status as soon as you can. If you get it, you will be seen as a permanent resident. After a few years, you might even be able to become a US citizen.

This post will break down the different ways you could qualify to move from a TPS to a green card status below.

The meaning of TPS

Congress started the TPS program back in 1990. Nowadays, TPS is a label the Department of Homeland Security (DHS) puts on some countries it thinks are unsafe. These countries usually get TPS because they are dealing with a war, a big environmental disaster, or some other sudden but short-term problem. This list includes places like Afghanistan, El Salvador, and Ukraine.

If you are from a country with TPS status, you can apply for it. TPS also lets you stop deportation temporarily. This means you can stay in the US if you are in danger of being sent back. As someone with TPS, you will get legal rights under immigration laws, be able to travel back and forth with a special travel document, and get permission to work with a work permit.

Eligible people for the TPS to green card transition

If you want to move to the US with your partner or take a job here, you should plan on getting a green card. If you are scared of being treated badly back home, you can also get a green card after you get TPS.

You might be able to stay here permanently if you are a close family member of a US citizen or someone with a green card while you are here under the TPS program. For instance, if you meet and marry someone from the US or someone with a green card while you are here, you could be able to move from a TPS to a green card status through marriage.

You can also get a green card by working here. If you are on TPS and you meet the requirements for a green card through work, you can apply. You will need a job offer from the US and a company that is okay with sponsoring your application. You could also try to get EB-1 status, which is for people with extraordinary skills.

Also, if you are on TPS, you can apply for asylum at the same time. Just remember, TPS and asylum are different. They are two separate protections. If you get asylum, you can apply for a green card after a year.

The simplest way to move from TPS to green card

Getting a green card isn't just about changing your status through TPS. There is another way, but it is easier to move from TPS to green card. This is compared to going to the consular process, because in this other way, you must leave the US first. The TPS adjustment of status means you can do it all from the US.

It does not, however, that you can move from TPS to green card directly, even though you may file for permanent resident status. An example could be being an immediate relative of a US citizen or applying for asylum and perhaps meeting the eligibility under those bases.

If you have to return to your home country and apply through consular processing, then an interview by an immigration officer will be scheduled. This is potentially risky because the immigration officer may determine that you are inadmissible if you have any prior illegal presence in the United States or for any other reasons. “Inadmissible” is just a fancy word meaning that you won't be admitted to the United States now or for a period of time.

If you were here 180 days and left without authorization, the USCIS may bar you for three years. If you were here more than a year unauthorized, then you can be out for five years. There are ways around these bans, but it is pretty hard to qualify for one.

When will TPS adjustment of status work?

You are required to have an application to adjust status from TPS to green card based on your marriage with a US citizen, your job offer in a US company, or your asylum application.

However, you should not apply if you are not legally in the US. In other words, when you first entered, it was not legal, or at least your last entry was not legal.

How does the TPS to green card adjustment work?

Moving from TPS to green card through the adjustment of status (AOS) process can be different depending on what kind of green card you are after. You will need to fill out a bunch of forms and show some proof of who you are. The USCIS will ask your spouse or employer to help sponsor your application, but they only accept real marriages for marriage green cards. If you are not in a real relationship with your partner, they will probably say no to your application.

If you are going through your US citizen spouse, and you have to fill out Form I-130 and Form I-485 together. Usually, the USCIS will give you the approval in about 10 to 13 months if everything goes smoothly.

But if your spouse only has a green card, things are a bit different. They have to first fill out Form I-130 for you, and then you will have to wait for a spot in the visa queue. If you get a visa number, you might have to leave the US before your status is up.

You can only change your status from abroad, but you can still apply for a green card through the consulate. If you are doing this overseas, you need to go through your local US embassy or consulate. If they say yes, you will usually get your green card in 23 to 32 months after you first filed Form I-130.

If your TPS doesn't run out before you get a visa number, you can keep going with the adjustment of status. Once you get that visa number, you can start the adjustment of status process with Form I-485.

If you are looking for a green card because you have a job offer, your employer has to fill out Form I-140, which is all about the immigrant petition for an alien worker. If the USCIS says yes to your Form I-140 and you get a visa number, you should file Form I-485 to kick off the adjustment of status. If you don't fit into the marriage or employment green card categories, you might still be able to get a green card based on being an asylum seeker.

What will happen when your TPS expires?

By the same token, if you want to stay in the US, you will need to apply to renew your TPS status for as long as it is available. If the TPS designation has expired, other avenues may be pursued in order to attempt to seek asylum, use prior legal status, apply for a visa, or seek sponsorship by a relative or employer for a TPS to green card move. You can also consider applying for US citizenship, provided you are eligible for this status.

Other options to move from TPS to green card

If you can't move from TPS to green card, you will have to find another way to qualify. Perhaps you are eligible to apply for asylum, and then you can apply for a green card based on asylum. Or, in some cases, the other alternative is to leave the US, re-enter legally, and reapply for TPS. This option is considered valid only if one has been in the US for less than 180 days in unlawful status.

You may also wish to consider, if safe and possible, going back to your home country and applying for a visa at a US consulate or embassy. You may also ask the USCIS to reconsider your case for qualification to apply for a waiver of visa.

Finally, if you are in deportation proceedings, you may apply for relief from the immigration judge. You would have to show that your deportation will cause extreme hardship to a qualifying family member-which could include a child or an aging parent.

Get help!

Do you need a green card as a TPS holder? Or maybe your TPS has expired and you are not sure what steps to take? Our skilled immigration lawyers at Gehi and Associates can make sorting out your TPS problems a breeze.

Gehi and Associates have been all about helping clients tackle their TPS issues, offering top-notch legal help and support. Start working with us and take full advantage of our INITIAL FREE CONSULTATION.

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