Green Card Options for Temporary Protected Status (TPS) Holders

1. What are the eligibility requirements for TPS?


The eligibility requirements for Temporary Protected Status (TPS) vary depending on the designated country of origin. Generally, individuals must demonstrate that they:

1. Are a national of a designated country;
2. Have continuously resided in the United States since a specified date;
3. Have been continuously physically present in the United States from the designated date of the TPS designation for their country; and
4. Have not been convicted of any felony or two or more misdemeanors in the United States.

2. How long does a TPS holder have to stay in the U.S. to qualify for a green card?


A Temporary Protected Status (TPS) holder can apply for a green card once they have been living and working continuously in the U.S. for at least 5 years while under TPS. However, USCIS must approve the application before a green card is issued.

3. How can I apply for TPS?


You can apply for TPS by filing Form I-821, Application for Temporary Protected Status with U.S. Citizenship and Immigration Services (USCIS). You must include the filing fee or a request for fee exemption and supporting documents. You can find more information on how to apply for TPS on the USCIS website.

4. Can I travel while in TPS?


Yes, you can travel while on Temporary Protected Status (TPS). In order to do so, you must apply for and be granted Advance Parole, a form of travel authorization, from U.S. Citizenship and Immigration Services (USCIS). The application for Advance Parole must be submitted with Form I-131, Application for Travel Document.

5. Can I work while in TPS?


Yes, you may work while in TPS. However, only U.S. employers are allowed to hire individuals with TPS status. In order to work legally in the U.S., you must obtain Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) that allows you to work for any employer during your period of TPS status.

6. Can I receive public benefits while in TPS?


The answer to this question depends on the type of public benefit that you are seeking. Generally, TPS holders who have EADs may be eligible to receive most types of public benefits, such as Medicaid, Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF). However, other types of public benefits may be restricted or not available to TPS holders. It is important to contact the local office administering the benefit for more information about eligibility requirements.

7. What are the benefits of obtaining a green card as a TPS holder?


Obtaining a green card through TPS can provide several benefits, including:

-Permanent residence in the United States, including the right to live and work permanently in the US.

-Protection from deportation or removal from the US.

-The ability to apply for certain public benefits, such as Social Security and Medicaid.

-The ability to travel outside of the US with advance permission.

-The ability to apply for US citizenship after five years of continuous residence in the US.

8. Am I eligible for adjustment of status through marriage while in TPS?


Yes, you may be eligible to adjust your status through marriage while in TPS. However, you would need to consult with an immigration lawyer to discuss the details of your case and determine if you are eligible.

9. How long is the processing time for a green card application for a TPS holder?


The processing time for a green card application for a TPS holder typically ranges from 6 to 9 months.

10. What are the different types of green cards available to TPS holders?


The different types of green cards available to TPS holders include temporary protected status, employment-based permanent residence, and family-based permanent residence.

11. Can dependents of TPS holders also apply for a green card?


Yes. Dependents of TPS holders can apply for a green card, as long as they meet all of the eligibility requirements.

12. Can I change my immigration status from TPS to another status?


It is possible to change your immigration status from TPS to another status. However, it is important to understand that the process of changing your status can be complicated and may require working with an immigration attorney.

13. Does having a green card impact my ability to travel outside of the U.S.?


Yes, having a green card does impact your ability to travel outside of the U.S. A green card holder is generally allowed to travel outside of the U.S. for up to 6 months without having to worry about their status in the U.S., however they must ensure that they have a valid re-entry permit or other valid travel document if they are planning to stay outside of the U.S. for longer than 6 months. If a green card holder wishes to stay outside of the U.S. for more than one year, they must apply for a re-entry permit before leaving the country.

14. Is there an annual fee associated with maintaining a green card?


Yes, there is an annual fee associated with maintaining a green card. The fee is $540, and it must be paid every year.

15. Can I file an application for citizenship if I hold a green card as a TPS holder?


Yes, it is possible to file an application for citizenship if you hold a green card as a TPS holder. You must meet the eligibility requirements for citizenship, including the residency and good moral character requirements, and you must demonstrate that you have been a person of good moral character for at least five years prior to applying.

16. Can I become permanent resident without filing for adjustment of status if I have been in TPS for several years?


No. To become a permanent resident, you must first qualify for and then apply for adjustment of status. You cannot become a permanent resident without filing for adjustment of status.

17. Are there any special considerations for green card applications filed by individuals who held Temporary Protected Status?


Yes. Green card applications filed by individuals who held Temporary Protected Status are eligible for a fee waiver and may be eligible for certain filing exemptions.

18. What is the difference between having a permanent resident (green card) and non-immigrant visa status?


A permanent resident is an individual who has been granted permission to live and work in the United States on a permanent basis. They are issued a green card as proof of legal permanent residence. A non-immigrant visa, on the other hand, is a visa issued to foreign nationals who wish to enter the United States temporarily for tourism, business, medical treatment, or other reasons. Non-immigrant visas are usually issued for a specific period of time and will have to be renewed if the visitor wishes to stay longer.

19. What is the process for renewing my green card if it expires while I am still in Temporary Protected Status?


If your green card expires while you are still in Temporary Protected Status (TPS), you will need to submit Form I-90, Application to Replace Permanent Resident Card, to the U.S. Citizenship and Immigration Services (USCIS). You must submit the form with the appropriate fees and supporting documents such as a copy of your TPS Employment Authorization Document (EAD) and proof that you are still in TPS status. Once the form is approved, a new green card will be issued.

20. Are there any special considerations or exceptions that apply to TPS holders when filing for a green card through adjustment of status?


TPS holders may be eligible for a fee waiver, depending on their situation. They may also be exempt from the medical examination and police clearance requirements. Additionally, if a TPS holder is adjusting status based on an approved immigrant petition, such as a family-based visa, they may be eligible to file the adjustment of status application concurrently with the immigrant petition.