1. What are the eligibility requirements for TPS?

To be eligible for Temporary Protected Status (TPS), you must prove that you meet all of the following requirements:

– You are a national or an alien lawfully admitted for permanent residence of the designated country
– You have continuously resided in the United States since a certain date (this date varies depending on the designated country)
– You have been continuously physically present in the United States since a certain date (this date varies depending on the designated country)
– You have not been convicted of any felony or two or more misdemeanors committed in the United States
– You are not subject to certain criminal, security-related, or other bars to TPS eligibility.

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

Generally, a TPS holder can qualify for a green card if he/she has been continuously physically present in the United States for at least three years while holding TPS status and has been continuously residing in the United States since the date of the designation of their country of origin for TPS. Additionally, the individual must meet all other eligibility requirements.

3. How can I apply for TPS?

If you are eligible for Temporary Protected Status (TPS), you must submit an application to U.S. Citizenship and Immigration Services (USCIS) in order to be granted TPS. This includes submitting the Form I-821, Application for Temporary Protected Status, along with a filing fee and supporting evidence. Your application must be filed with USCIS during the designated registration period or re-registration period. For more information, visit the USCIS website at www.uscis.gov/tps.

4. Can I travel while in TPS?

Yes, you can travel while in TPS. You must obtain an advance parole document from USCIS before traveling outside the United States. You must also have a valid TPS designation and all other required travel documents.

5. Can I work while in TPS?

Yes. If you are a national of El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, or Yemen and have been granted TPS, you are authorized to work in the United States while your TPS is in effect.

6. Can I receive public benefits while in TPS?

Yes, you may receive public benefits while in TPS. However, it depends on the type of benefit you are applying for. Some benefits, such as Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF), are only available to certain individuals with an eligible immigration status. It is important to check with the agency that administers the benefit program for more information about your eligibility for public benefits.

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

The main benefit of obtaining a green card as a TPS holder is that it provides permanent legal status in the United States. Green card holders can live and work in the U.S. permanently, receive certain government benefits, and eventually become eligible to apply for U.S. citizenship. Additionally, holders are protected from deportation and may be able to travel outside the U.S. with permission for a set period of time.

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. If you are married to a U.S. citizen, you may file Form I-130 and Form I-485 concurrently to seek adjustment of status to a lawful permanent resident (green card holder). Your application must be approved by USCIS for you to become a lawful permanent resident.

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 Temporary Protected Status (TPS) holder can vary widely. It typically takes between six and twelve months to receive a green card after submitting all required documents and fees, although it can take longer if the applicant has to go through additional security checks or other steps.

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

The different types of green cards available to TPS holders are Permanent Resident Cards (Green Card), Employment Authorization Document (EAD), and Advance Parole.

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

Yes, dependents of TPS holders may be eligible to receive green cards in some cases. Generally, the TPS holder must have been granted TPS for at least one year before a dependent can apply for a green card. Additionally, the dependent must meet certain requirements such as being the spouse or child of the TPS holder and having entered the country legally.

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

Yes, you can. Depending on your circumstances, you may be eligible to apply for a change of immigration status from TPS to another status, such as permanent residence or asylum. You should speak with an immigration lawyer or qualified immigration specialist for advice on your specific situation.

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

Yes, having a green card does impact your travel outside of the U.S. In order to travel outside of the country, you must obtain a Reentry Permit from U.S. Citizenship and Immigration Services (USCIS). The Reentry Permit will allow you to reenter the U.S. after traveling abroad for a period of up to two years. If you plan to stay abroad for longer than two years, you must also apply for a Returning Resident Visa.

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 must be paid every 10 years.

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

Yes, you may file an application for citizenship if you hold a green card as a TPS holder.

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

No. You cannot become a permanent resident without filing for adjustment of status. You may be eligible to adjust status if you meet certain requirements, such as having an immigrant visa petition approved or being eligible for an immigrant visa through a family member or employer.

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

Yes. If an individual has held Temporary Protected Status, they may be eligible to adjust their status to a permanent resident without leaving the United States. This is called adjustment of status with the I-485 form. Individuals who have held TPS must show that they have been continuously present in the United States for at least 3 years before filing their adjustment of status application, and must qualify for a green card under one of the categories listed in the Immigration and Nationality Act. Additionally, individuals who filed for TPS must show that they are admissible to the United States. In some cases, individuals who have held TPS may be eligible for waivers for certain inadmissibility grounds, if they can show extreme hardship to a qualifying relative who is a U.S. citizen or Lawful Permanent Resident.

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

A permanent resident (green card) is a form of legal status that allows the holder to live and work permanently in the United States. It also grants them certain rights and benefits, such as eligibility for certain government programs, the ability to travel in and out of the US, and the ability to petition for certain family members to immigrate.

A non-immigrant visa is a temporary visa that grants certain privileges to a person who is coming to the United States for a specific purpose, such as tourism, study, or work. Non-immigrant visa holders are not eligible for many of the same rights and benefits that permanent residents have, such as long-term employment or access to government programs. Non-immigrant visa holders must also leave the United States within a certain time period.

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

To renew your green card while in Temporary Protected Status (TPS), you must submit Form I-90, Application to Replace Permanent Resident Card, to USCIS. The form can be found on the USCIS website. You will need to provide proof of your current TPS status as well as supporting documents such as a copy of your expired green card, a valid passport or other identification document, and two passport style photos. Once your application is approved, you will receive a new green card.

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

Yes, there are certain special considerations or exceptions that apply to TPS holders when filing for a green card through adjustment of status. Specifically, the Temporary Protected Status (TPS) Designation allows certain foreign nationals to remain in the United States and obtain employment authorization. This allows TPS holders to adjust status to lawful permanent resident (LPR) without having to return to their country of origin to apply for a green card. Additionally, the Department of Homeland Security has waived the requirement for TPS holders to have a valid entry document or inspection by an immigration officer prior to filing an adjustment of status application. Finally, TPS holders may also be exempt from some of the public charge requirements and may not be required to submit the Form I-864, Affidavit of Support under some circumstances.