TPS to Green Card Transition: Understanding the Pathway

Temporary Protected Status (TPS) is a provision by the United States government that allows citizens from certain countries experiencing problems such as natural disasters or armed conflict to live and work in the US for a limited time. The status provides protection from deportation and eligibility for an employment authorization document (EAD). We understand the importance of stability and the desire of TPS beneficiaries to transition to more permanent legal statuses when eligible. Learn more about TPS to green card

The United States Citizenship and Immigration Services (USCIS), the agency responsible for processing immigration-related requests, stipulates certain conditions under which TPS holders may apply for Lawful Permanent Resident status, commonly referred to as obtaining a Green Card. This status change is significant as it provides a path toward permanent residence and potential citizenship in the United States.

We recognize the complexities involved in transitioning from TPS to a Green Card. There are legal pathways, but they are contingent on various factors, including individual circumstances, current immigration policy, and the availability of other immigration statuses for which TPS beneficiaries might qualify. Our aim is to navigate these pathways and provide clear insights into the process, underscoring adherence to the legal framework established by USCIS.

Understanding TPS and Its Path to Green Card

Temporary Protected Status (TPS) offers a lifeline for nationals from designated countries experiencing severe conditions like armed conflict or natural disasters. Importantly, TPS can provide a pathway to a green card for eligible beneficiaries under certain circumstances.

Eligibility Criteria for TPS Holders

Eligibility for TPS is strictly defined by the Department of Homeland Security (DHS) and encompasses criteria such as nationality, timely application, and continuous physical presence in the U.S. For instance, individuals from Afghanistan, Haiti, Ukraine, and several other countries like El Salvador, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Yemen, and Venezuela may meet the criteria for TPS designation if they apply within the specified windows and meet all the required conditions.

• Nationality: Applicants must be nationals of a TPS-designated country or a person without nationality who last habitually resided in the designated country.
• Timely Application: Must apply during the initial registration or re-registration period, or meet the requirements for late initial filing during any extension of their country’s TPS designation.
• Continuous Physical Presence: Must have been physically present in the U.S. since the effective date of the most recent designation date of their country.

Adjustment of Status

For TPS holders, transitioning to Lawful Permanent Resident (LPR) status involves an adjustment of status under certain stringent conditions outlined by United States Citizenship and Immigration Services (USCIS). A pivotal requirement is being “inspected and admitted” or “inspected and paroled” into the United States. Both terms refer to the process of legally entering the U.S. after examination by an immigration officer.

• Inspected and Admitted or Paroled: An individual must have been inspected by an immigration officer and either admitted or paroled into the United States.
• Eligible for an Immigrant Visa: An immigrant visa must be immediately available to the TPS holder at the time of filing the adjustment of status application.
• Admissible as an Immigrant: The applicant must not be barred from obtaining a green card due to criminal, security, or other grounds of inadmissibility.
• Employer Sponsorship or Family Petition: Often, an employer or family member can sponsor the TPS holder for a green card through a petition.

Advance Parole, allowing TPS holders to travel abroad and return to the U.S., sometimes plays a role in this process. Upon return, they may be “inspected and admitted,” a key component of adjustment status eligibility.

TPS Designated Countries

As of our current understanding, numerous countries have been designated by DHS for TPS due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. These designations allow their nationals to remain in the U.S. temporarily and may lead to further immigration opportunities. The table below lists countries with TPS designations:

The dates are typically provided by USCIS and are subject to change based on the evolving situation in each country. It is important for nationals of these countries to check with USCIS for the most current information regarding TPS.

Application Process for TPS Recipients Seeking Green Cards

In transitioning from Temporary Protected Status (TPS) to a Green Card, we must navigate a complex application process that involves meticulous documentation, travel considerations, and an understanding of legal challenges.

Filing and Documentation

The initial step for TPS recipients to obtain a Green Card involves filing Form I-485 (Application to Register Permanent Residence or Adjust Status). We must ensure that our TPS is current and that we have maintained lawful status since our most recent entry into the U.S. Our filing must be supported by extensive documentation, which typically includes:

• Evidence of TPS status: Copy of the current TPS grant.
• Work Authorization: Copy of Employment Authorization Document (EAD).
• Entry and Travel Records: Proof of lawful entry and any subsequent travel outside of the U.S.
• Permanent Resident Eligibility: Documentation to establish eligibility such as a valid Form I-130 (Petition for Alien Relative) if applying for a family-based Green Card.
• Personal Identification: Passport, birth certificate, and any other relevant identity documents.
• Filing Fee: Payment of the required processing fees or a fee waiver request if applicable.

The United States Citizenship and Immigration Services (USCIS) reviews our application, and our ability to stay in the U.S. is contingent upon approval.

Travel Considerations and Authorization

Before we can adjust our status from TPS to lawful permanent resident, we must take into account travel that occurred since our TPS designation. Travel outside of the U.S. may need to be authorized by USCIS through Advance Parole or another form of travel authorization. Unauthorized travel could lead to difficulties with our adjustment of status application. Here’s what’s necessary:

1. All Travel Must be Documented: Keep records of all departures and entries into the U.S.
2. Seek Travel Authorization: File for Advance Parole (Form I-131) if travel is necessary during the application process.
3. Respect the Terms of Travel Authorization: Unauthorized travel without Advance Parole may impact our ability to adjust our status.

Additionally, if we have departed and re-entered the U.S. without inspection, we may face further complications or potential bars to adjustment.

Challenges and Legal Considerations

Adjusting our status from TPS to a Green Card is not guaranteed and may present legal obstacles, particularly if there have been any changes in our immigration status or if we’ve encountered deportation/removal proceedings. These challenges include:

• Inadmissibility Factors: Previous immigration violations, criminal records, or other factors may render us inadmissible. These require a careful approach, often with the help of an immigration lawyer.
• Matter of Z-R-Z-C: USCIS follows the precedent decision in Matter of Z-R-Z-C, which might affect our eligibility for adjustment of status.

Often, we might need to file additional waivers or motions to overcome inadmissibility or other legal barriers. It’s prudent for us to consult with an immigration lawyer to navigate complex immigration laws and ensure that all legal considerations are accurately addressed in our application for a Green Card.