How to obtain permanent residency through TPS?

Temporary Protected Status, or TPS, is a temporary benefit that provides protection to certain individuals from designated foreign countries due to crisis situations that prevent their citizens from safely returning to that country.

However, this benefit does not grant a direct path to permanent residency in the United States. If a TPS beneficiary wishes to obtain permanent residency, it will be necessary for them to know the steps to follow in order to obtain it. At Jaskot Law, we provide you with all the information you need to know about Temporary Protected Status and the legal avenues to obtain permanent residency in the United States.

What is Temporary Protected Status or TPS?

TPS, or Temporary Protected Status, is a process by which certain migrants can obtain work authorization and protection from temporary deportation in the United States. Individuals who are eligible for a TPS designation must be from countries designated by the U.S. government due to extraordinary situations, such as natural disasters or armed conflict.

Although the Temporary Protected Status immigration program is maintained for the duration of the foreign country’s designation, it is possible to obtain permanent residency through this program. To do so, it is of utmost importance to understand the requirements of the U.S. immigration system and to comply with U.S. immigration law.

Criteria for designation of a country to TPS

A foreign country may be designated to TPS by the U.S. Department of Homeland Security, or DHS, if any of the following conditions are temporarily present:

• In the event of a natural disaster (hurricane, earthquake) or an epidemic
• In the event of armed conflict
• Other extraordinary features of a temporary nature

Is it is possible to obtain a green card through TPS?

Adjustment of status through TPS, or Temporary Protected Status, is a process that allows certain eligible immigrants to apply for permanent residence in the United States. To qualify, it is necessary to meet certain requirements, such as having maintained TPS status, not having committed certain crimes, among others.

In July 2022, the U.S. Citizenship and Immigration Services, or USCIS, announced that it would update the travel authorization for TPS beneficiaries, which would affect their eligibility for adjustment of status.

Advanced parole: what do you need to know about it?

The Advanced Parole program is a special authorization that allows certain individuals to travel outside the United States and then return legally to the country. Under this initiative, beginning July 1, 2022, TPS holders who file an Advance Parole, or advance parole, or a TPS travel authorization using the Form I-131will be inspected and admitted for re-entry into the United States.

This type of entry into the country will be considered a legal entry, which in turn allows the person to apply for adjustment of status without having to leave the country. Through adjustment of status, the applicant will be able to regularize his or her immigration status and apply for permanent residence in the United States.

Most common types of status adjustment

If a person has been readmitted to the United States, he or she will have several options for adjustment of status.

• Adjustment of status through a family-based residency petition. By means of Form I-130, a person who is an immediate relative of a U.S. citizen may request an adjustment of status, as long as he or she meets the eligibility criteria and requirements set forth by the U.S. government.

• Adjustment of status through a family-based petition filed by a lawful permanent resident. This petition by a parent, or a spouse, may allow a person to apply for adjustment of status. However, this process can take several months, and it will be necessary to apply for a Pardon if you were present in the United States illegally prior to obtaining TPS.

• Adjustment of status based on employment. A person may apply for an employment-based adjustment of status as long as it is sponsored by his or her employer. For this process, you should be aware that there is usually a long waiting period, and that it may be necessary to apply for a Pardon if you were present in the United States unlawfully prior to obtaining TPS.

Benefits

Temporary Protected Status, or TPS, offers eligible immigrants a pathway to regularize their immigration status through adjustment of status and access benefits that allow them to integrate more fully into U.S. society. These benefits include the following:

• It offers the possibility of obtaining a valid work permit to work legally in the United States and thus contribute to the U.S. economy.

• It grants the possibility of maintaining a legal status in the country and avoiding deportation.

• Provides the ability to apply for a travel permit, allowing the beneficiary to travel outside the United States and return legally. This can be essential for reuniting with family members abroad, attending to emergencies, among others.

Possible risks

It should be noted that when leaving the country with an Advanced Parole travel document under Temporary Protected Status, beneficiaries run the risk of not being able to return to the United States if their TPS status has expired during their absence.

In addition, the individual will be subject to an inspection upon return to the United States, for which it is essential to have no criminal history or non-compliance with the requirements of U.S. Immigration Law.

What are the requirements to be eligible for Adjustment of Status through TPS?

To be eligible for Adjustment of Status through TPS, or Temporary Protected Status, it is crucial to meet certain requirements stipulated by U.S. immigration law.

These requirements include having been a beneficiary of TPS for a specified period of time determined by the U.S. government, meeting the eligibility criteria for applying for adjustment of status, demonstrating that you remained in lawful status while benefiting from TPS, and that you have remained in compliance with immigration laws since that time.

TPS eligibility and designated countries

In order for a person to be considered eligible for Temporary Protected Status, the following requirements must be met:

• Be a citizen of a TPS-designated country.

• Have been present and continuously residing in the United States since the date of your country’s designation. (It should be noted that the law allows for short departures outside the United States. However, you must report all absences to USCIS to determine if you qualify for a waiver).

• File your TPS application during the initial registration or re-registration period, or comply with the late filing requirements.

The applicant should note that the countries designated to apply for TPS include Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen.

Ineligibility criteria

A person may not be eligible to obtain Temporary Protected Status, or maintain the current TPS benefit if:

• They have have been convicted of a felony or have committed misdemeanors in the United States.

• Is inadmissible as an immigrant under section 212(a) of the INA, including criminal or security-related grounds.

• Has statutory bars to asylum, such as engaging in the persecution of another person or engaging in terrorist activity

• Does not meet the requirements of continuous physical presence or continuous residence in the United States.

• Failure to re-register for TPS obtained as required.

How can an immigration attorney help with TPS designation?

The TPS allocation process, and consequent application for adjustment of status, can be a complex and stressful process. That is why enlisting the help of an experienced immigration attorney can be incredibly valuable.

Let a Jaskot Law immigration attorney provide you with expert advice on the TPS application process and requirements, and help you gather and submit the necessary documentation in a proper and timely manner to increase your chances of success.

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