- 19-Apr-2025
- Healthcare and Medical Malpractice
Temporary Protected Status (TPS) is a temporary immigration status granted to nationals of specific countries that are experiencing armed conflict, natural disasters, or other extraordinary conditions. While TPS allows individuals to live and work in the U.S. for a designated period, it does not provide a pathway to permanent residency (Green Card) by itself. However, there are ways for TPS holders to adjust their status and apply for a Green Card under certain circumstances.
One of the most common ways for a TPS holder to obtain a Green Card is by having a close family member who is a U.S. citizen or permanent resident sponsor them for a family-based Green Card.
Immediate relatives of U.S. citizens, such as spouses, parents, or children, may be eligible to adjust status to a Green Card holder through a family-based petition.
The I-130 petition must be filed by the U.S. citizen or lawful permanent resident relative, and once it’s approved, the TPS holder can apply for adjustment of status (Form I-485) to transition from TPS to a permanent resident.
If a TPS holder has a job offer from a U.S. employer and meets the necessary qualifications, they may be eligible for an employment-based Green Card.
The employer must file a labor certification (if required), and the TPS holder can apply for permanent residency through the employment-based adjustment of status process.
This option is dependent on the employer's ability to demonstrate that no qualified U.S. workers are available for the position and that the individual is eligible for the specific employment category.
If a TPS holder marries a U.S. citizen or a lawful permanent resident, they may be eligible for a Green Card through spouse-based immigration.
The U.S. citizen or lawful permanent resident spouse would file the I-130 petition, and the TPS holder would then apply for adjustment of status through Form I-485.
Some individuals with TPS may also be eligible for other special immigration programs, such as Deferred Action for Childhood Arrivals (DACA), which might provide opportunities for a Green Card.
However, DACA itself does not directly lead to a Green Card, so TPS holders in this situation may need to explore additional legal pathways or wait for policy changes.
If a TPS holder is from a country that is eligible for the Diversity Visa Lottery, they can apply for the DV lottery program for the chance to win a Green Card.
However, this option is highly competitive and requires meeting specific eligibility criteria.
Some TPS holders may be eligible to adjust status directly if they were initially inspected and admitted into the U.S. and have maintained continuous residence.
Certain TPS holders from countries like El Salvador, Honduras, and Haiti may have special provisions that allow them to adjust their status to a Green Card holder if they meet certain requirements.
To adjust status, a TPS holder must typically have been in the U.S. for a period of time and meet specific continuous presence requirements. However, leaving the U.S. without advance parole or traveling during a period of TPS status may disrupt continuous presence.
Not all TPS holders are eligible for adjustment of status. Some individuals may have been placed in removal proceedings or have issues like unlawful presence or previous immigration violations that may complicate their path to a Green Card.
It’s crucial for TPS holders to consult with an immigration attorney to assess their eligibility for adjustment of status based on their specific situation.
While TPS status is temporary, the U.S. government can terminate or extend TPS designations. If the TPS status is terminated, the holder might lose the ability to legally stay in the U.S., so it is essential to act quickly if a Green Card pathway becomes available.
Applying for a Green Card as a TPS holder can be complex, especially when navigating various family-based, employment-based, or other immigration programs. Working with an experienced immigration attorney can ensure that the proper steps are taken and that all required documents are submitted.
A TPS holder from Honduras has been in the U.S. for several years and is married to a U.S. citizen. They can apply for a Green Card through their spouse, as their marriage qualifies them for a family-based Green Card. Their spouse files an I-130 petition with USCIS, and once approved, the TPS holder can apply for adjustment of status using Form I-485 to obtain a Green Card.
While Temporary Protected Status (TPS) provides a temporary reprieve from deportation and allows individuals to work legally in the U.S., it does not automatically lead to permanent residency. However, TPS holders may be eligible to apply for a Green Card through various routes, such as family-based petitions, employment-based options, marriage to a U.S. citizen or permanent resident, or through special programs. It’s important to consult an immigration attorney to explore your options and ensure you are following the correct process for a Green Card application.
Answer By Law4u Team
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