1. What are the eligibility requirements for TPS?
To be eligible for Temporary Protected Status (TPS), applicants must:
• Be a national of a designated country or part of a designated group;
• Have been continuously present in the United States since the effective date of the TPS designation;
• Be presently in the United States;
• Not have been convicted of any felony or two or more misdemeanors in the United States;
• Not be subject to any of the grounds of inadmissibility under the Immigration and Nationality Act.
2. How long does a TPS holder have to stay in the U.S. to qualify for a green card?
A TPS holder does not qualify for a green card. However, they may be eligible to apply for a different type of legal immigration status or permanent residence if they meet certain requirements.
3. How can I apply for TPS?
To apply for Temporary Protected Status (TPS), you must file Form I-821, Application for Temporary Protected Status. You will need to provide documentation to prove your eligibility, such as copies of your passport, birth certificate, or military service record. You will also need to pay a fee and attend an interview with a USCIS officer.
4. Can I travel while in TPS?
Yes. In order to travel while in TPS, you must have a valid Advance Parole document. You can apply for an Advance Parole document by filing USCIS Form I-131, Application for Travel Document. Once your application is approved by USCIS, you will receive an Advance Parole document that will allow you to travel outside of the United States and re-enter with TPS benefits. It is important to note that if you travel outside of the United States without first obtaining an Advance Parole document, your TPS benefits may be terminated and your re-entry into the United States could be denied.
5. Can I work while in TPS?
Yes, those who receive Temporary Protected Status (TPS) can work legally in the United States as long as they meet other eligibility criteria for employment. The employment authorization document (EAD) issued to TPS recipients will generally indicate a “limited period of work authorization,” meaning the EAD will only be valid for a certain period of time. In most cases, however, this period of time will extend beyond the termination date of the TPS designation. In addition, a person with TPS can apply for an adjustment of status to become a lawful permanent resident as long as they were in the U.S. before the initial grant of TPS.
6. Can I receive public benefits while in TPS?
Yes, individuals who are currently enrolled in Temporary Protected Status (TPS) may be eligible to receive public benefits, such as certain types of Supplemental Nutrition Assistance Program (SNAP), Medicaid, or Supplemental Security Income (SSI). However, there may be certain eligibility requirements that must be met in order to receive these benefits, so it is important to contact your local public benefits office to learn more.
7. What are the benefits of obtaining a green card as a TPS holder?
As a TPS holder, obtaining a green card provides a number of benefits such as the ability to permanently reside and work in the United States, protection from being removed from the United States, eligibility for most types of federal assistance, and eligibility for certain types of employment benefits. Additionally, green card holders can apply for U.S. citizenship after five years of permanent residency.
8. Am I eligible for adjustment of status through marriage while in TPS?
No, you are not eligible for adjustment of status through marriage while in Temporary Protected Status (TPS). You must adjust your status through an immigrant visa or another form of relief.
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 depends on the specific situation. Generally, it takes around six months to receive an approval notice from USCIS. However, processing times can vary and in some cases may take up to several years.
10. What are the different types of green cards available to TPS holders?
There are three types of green cards available to TPS holders:
1. Family-based green cards which are available to immediate relatives (spouse, unmarried minor child, parent) of a U.S. citizen or lawful permanent resident.
2. Employment-based green cards for individuals with extraordinary abilities, professionals and persons with advanced degrees, skilled workers, and certain special immigrants.
3. Diversity green cards which are available to individuals from countries with low rates of immigration to the U.S., who have been selected from an annual lottery.
11. Can dependents of TPS holders also apply for a green card?
Yes, dependents of TPS holders can also apply for a green card through several different avenues. Generally, the principal applicant will need to establish an immigrant petition for the dependent, such as a Form I-130 Petition for Alien Relative or a Form I-140 Petition for Alien Worker, and the dependent will then need to follow the steps to adjust their status to become a permanent resident.
12. Can I change my immigration status from TPS to another status?
Yes, you may be able to change your immigration status from TPS to another status. However, this will depend on your situation and the laws that apply to your situation. You should speak to an experienced immigration attorney for advice about your individual 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 ability to travel outside of the U.S. Green card holders must obtain a travel document known as a Reentry Permit if they wish to travel outside the United States for more than one year. If they plan to be gone for less than one year, they can return with their green card without having to obtain the permit. Additionally, green card holders must comply with any travel restrictions imposed by the country of destination.
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 can. To apply for citizenship, you must be a lawful permanent resident (green card holder) for at least five years and meet all other eligibility requirements. TPS holders are eligible for Permanent Residency and therefore eligible to apply for US Citizenship.
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. To become a permanent resident, you must have an approved immigrant petition and then file an application for adjustment of status with U.S. Citizenship and Immigration Services (USCIS).
17. Are there any special considerations for green card applications filed by individuals who held Temporary Protected Status?
Yes, the Department of Homeland Security (DHS) has special considerations for green card applications filed by individuals who held Temporary Protected Status (TPS). Individuals who held TPS may be able to adjust their status to permanent resident without having to file a Form I-130 or meet certain other filing requirements. DHS also allows certain individuals who have held TPS and have an approved I-130 petition to apply for a provisional unlawful presence waiver before they depart the United States for their immigrant visa interview.
18. What is the difference between having a permanent resident (green card) and non-immigrant visa status?
A permanent resident (green card) status is a form of long-term immigration status that grants a foreign national the ability to live and work in the United States on a permanent basis. Non-immigrant visa status is a form of temporary immigration status that grants a foreign national the ability to stay in the United States for a specific period of time, usually for a specific purpose, such as study or work.
19. What is the process for renewing my green card if it expires while I am still in Temporary Protected Status?
The process for renewing your green card if it expires while in Temporary Protected Status (TPS) is the same as if it were not in this status. You must complete Form I-90, Application to Replace Permanent Resident Card, pay the appropriate filing fee and submit all necessary supporting documentation. In addition, to document your TPS status, you must also submit a copy of your most recent TPS approval notice. Once USCIS has received and reviewed all your documents, they will determine whether you are eligible for 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.TPS holders may be eligible for a waiver of inadmissibility for unlawful presence in the U.S., criminal activity, and/or false claim to U.S. citizenship, in the context of adjustment of status. Also, certain family members of TPS holders may be eligible for derivative TPS and can adjust their status along with the principal TPS holder. Additionally, certain TPS holders may be eligible for a green card through a category known as Registry, which allows permanent residence to individuals who have been continuously present in the U.S. since a certain date.