TPS TO GREEN CARD: LEGAL PATHWAYS TO PERMANENT RESIDENCY

Introduction: TPS to Green Card

Temporary Protected Status (TPS) is a temporary safeguard from deportation granted to citizens of particular countries. This includes countries like Haiti that are suffering from a crisis such as a war or a natural disaster. And yet there are people who have TPS who are wondering what the next thing will be. Is the TPS status indeed a stepping stone towards obtaining a green card? 

Moving from TPS to a green card is not always possible, but some have managed it. Having permanent residence in America can make the stability and security of the dream a reality. For those who have TPS, a marriage-based green card is one certain way of making this a reality. 

The path from TPS to green card is not a simple legal route. It entails some understanding of immigration law. TPS does not necessarily imply automatic green card status but there are other alternatives that some may have under US immigration law. 

Every year, numerous people change from TPS to green card status, but it is not without bumps. TPS recipients will certainly have some problems when they go for a green card, so it is truly necessary to get the assistance of a legal professional. 

Gehi and Associates can walk you through these intricate immigration processes, such as transitioning from TPS to a green card. Our trained legal team remains by your side every step of the way, navigating for you while maximizing your eligibility for resident status. 

In this post, you will get to know some useful details about moving from TPS to a green card status. 

Brief info on TPS 

Temporary Protected Status (TPS) is a US government program that benefits nationals of particular countries when the native country faces extreme issues like war, natural disasters, or other problems. 

It is decided by the Secretary of Homeland Security which countries are eligible for TPS. This means that nationals of some countries like Haiti are currently eligible to apply. 

TPS keeps people from being repatriated and provides them with an opportunity to work in America when they are present here, giving them a chance to stay secure until things improve back home. 

Benefits of TPS 

TPS is a great way of protecting individuals, not just from deportation danger, but so that they can possibly have some level of normalcy in a new country. The advantages of temporary protected status are: 

• Permission to work: You will be permitted to work in the United States legally under TPS. Thus, you will be able to support yourself and your family. You will not fear having legal issues when looking for a job and will even be in a position to contribute back to your community. 

• Deportation protection: One of the main benefits of TPS is that it keeps you safe from deportation. You will sleep easy now because you won’t be deported back to your home country where you were being persecuted. 

• Healthcare access: TPS also provides for healthcare access, which is actually required. This helps you to gain medical attention that you could be desperately in need of. This will help you to be healthy and stable while you try to start anew. 

There are also plus points, like being qualified for other government programs and being able to live in peace without constantly worrying about getting arrested. The protection the TPS provides is invaluable—it can be everything to others. Though TPS does not necessarily mean getting a green card, it certainly ensures temporary protection. 

Moving from TPS to green card 

Can there ever be a sanctuary of permanence? To most TPS holders, the ultimate objective is to move on to a change of status and obtain a green card. The movement from TPS to green card makes one a legal permanent resident of the United States. 

• Eligibility considerations. 

To make the movement from TPS to a green card, you have already had to be “inspected and admitted” or “paroled” into the country. 

Keeping your TPS status throughout the process is of the highest importance. Others will have opportunities to obtain a green card based on family or employment relationships. Others will be in special statuses that give them an immediate route to residency. 

Options to move from TPS to green card 

There are a number of options to change from TPS to a green card status: 

• Adjusting status (AOS) through family sponsorship. 

To adjust status through family sponsorship, you have some steps to take. First, petition Form I-130, the Petition for Alien Relative, to prove you have a qualifying family relationship. Once you have completed this, you will have to provide Form I-485, Application to Adjust Status. This must be followed up by other attendant documents like a marriage certificate to prove your relationship. This will be quicker and easier in general if you are married to an American citizen. An immigration attorney can guide you through the details of upgrading from TPS to green card status via marriage. 

• Adjustment of status (AOS) on employment basis. 

If you are entering through the employment route to AOS, there is a procedure to follow. Start by securing labor certification from your employer, if required. Then, file Form I-140, the Immigrant Petition for Alien Worker. Once approved, you can file Form I-485 to move from TPS to a green card status. This route provides job protection and a particular method of receiving your green card. 

• Consular processing. 

If you can’t process your status for immigration in the United States, then you will be asked to proceed through consular processing. This is a trip to an American consulate within your home country for an interview and subsequent fulfilment of the process once your immigrant petition is granted. While this second alternative does consist of more travelling and preparations, it is something that has to be taken on by individuals not able to conduct AOS in America. 

Application for a green card 

• Preparation of your application. 

Begin by obtaining everything you require in the form of documents and support forms. The key form is Form I-485, Application to Register Permanent Residence or Adjust Status. You will need to submit a photocopy of your passport, birth certificate, and proof of your current immigration status. 

Errors are easily made when you lose the documents or your information is incorrect. For this, double-check everything and maintain extra copies of your documents. 

An immigration attorney can help organize your documents and forms so that you don’t miss anything. 

• Submission of application. 

The following is what you should do in an attempt to make the submission: 

1. Complete form I-485 and submit the supporting documents. 

1. Pay the fee for the application. 

1. Submit your petition to USCIS either online through the USCIS web portal or by mail. 

Get help! 

Moving from TPS to green card status can be reasonably complicated with many legal details and serious issues around what awaits you. Should you be interested in making that ultimate move towards a green card, choosing Gehi and Associates is one of the smartest decisions you will ever make in your green card journey. We can walk you through this knotty process, and our well-seasoned legal team is ready to help you lay a permanent footing in the US. 

Contact us to initiate the process of your transition—this choice can indeed change your sojourn in the US!