USCIS grants immigration approvals based on US immigration law. The aim is to meet the immigration needs of diverse categories of persons. Immigration approval is for a specific purpose. It gives immigration rights to the recipient. Some types of immigration permits are given to people who need help for reasons like safety or protection.
Examples of these permits are asylum status and temporary protected status (TPS). People who might get hurt in their home country can come to the US to stay safe. They can be granted asylum status, green card, or temporary protected status (TPS) lawyer in NYC,
The USCIS only grants TPS to people from selected countries, as designated by the Secretary of the U.S. Department of Homeland Security in consultation with the Department of State, the National Security Council, and sometimes the Department of Justice.
In other words, only people from specific countries, such as Afghanistan, Burma, El Salvador, and others, can qualify for TPS. TPS grants the holder permission to live in the US for up to 18 months, and it can be renewed multiple times. However, these benefits are not long-lasting, and there are certain limits inherent in a TPS.
- TPS is temporary, so if you want to stay in the US for a long time, it’s a good idea to apply for a green card soon. Many TPS holders want to become permanent residents by getting a green card. This is not a surprise.
- But there is no direct pathway from a TPS to becoming a lawful permanent resident. A TPS lawyer in NYC can help you find ways to become a green card holder if you have TPS status.
- This blog post identifies ways TPS holders can become green card holders.
TPS Adjustment of Status (TPS lawyer in NYC)
As noted later, the adjustment of status option is not the only route for a TPS holder to get a green card, but it is easier than other options that require consular processing. A brief consultation session with a TPS lawyer in NYC will make this more apparent.
Adjustment of status is a way to apply for a green card from within the US. If you are a TPS holder, other options to get a green card might require you to go back to your home country and apply to come back to the US. This might cause some risks due to your previous time spent in the US without lawful status.
As noted earlier, there is no direct pathway to becoming a green card holder from a TPS holder. TPS holders can become lawful permanent residents and, in some cases, US citizens. They can apply to adjust their status in certain situations.
- If you, as a TPS holder, have an immediate relative who is a US citizen or a green card holder, you may be eligible to get a family-based green card. There are a number of conditions that make you eligible under this head.
- If you have a child who is a US citizen and is over 21.
- If you were adopted by US citizen parents and are unmarried and under 21; or
- By getting married to a US citizen or someone with a green card. In this case,
You can apply for a marriage-based green card.
To help a TPS holder become a permanent resident under this head, a US citizen or green card holder who is an immediate relative must fill and sign Form I-130 (“Petition for Alien Relative”). Then, they can file Form I-485 (“Application to Register Permanent Residence or Adjust Status”) with the USCIS.
The process may be different if the TPS holder’s relative has a green card instead of being a US citizen. To learn about the process that suits your needs, you can talk to a TPS lawyer in NYC.
- Getting employed by a US employer. An employer in the US can petition for a TPS holder’s green card. If a TPS holder also has a job offer, they can apply for an EB-1 status directly. If you want to know if you qualify for any type of employment-based green card, talk to a TPS lawyer in NYC.
- TPS holders who are eligible can apply for Asylum Status. After one year, they can apply to become green card holders.
It is important to know that for TPS holders to benefit from any of the circumstances identified above they have to meet other eligibility requirements for each of these specific pathways of adjustment of status, which can be better assessed with the help of a TPS lawyer in NYC.
To stay in the US under the TPS program, you have to renew it regularly. If you don’t, you could face removal proceedings. But even if your TPS expires, you can still apply for other immigration approvals if you qualify.
Do you have an expired TPS as a TPS holder? You can find help from a TPS lawyer in NYC. They will review your situation and explain your immigration options.
Some Other Options Available to TPS Holders to Obtain their Green Card
TPS holders have other ways to get a green card. They can apply for U-Visas if they suffered harm due to a crime and helped law enforcement officials. TPS holders can apply for T-Visas if they are victims of human trafficking who will face extreme harm if deported and are willing to help prosecute human traffickers.
After getting U-Visas or T-Visas, TPS holders can eventually apply for a green card. TPS holders can find other limited ways to get their green card with the help of a TPS lawyer in NYC.
Do you have TPS and want a green card? Or did your TPS expire, and you don’t know what to do? Our experienced TPS lawyers in NYC at Gehi & Associates can easily help you resolve your TPS-related issues.
Gehi & Associates have consistently thrived in helping clients successfully navigate through all their TPS-related issues with the provision of excellent legal representation and legal support to clients. Get started with us, and take advantage of our FREE CONSULTATION.