Posted by: mangale September 2, 2015
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I Have Temporary Protected Status (TPS): Can I Get a Green Card?
January 12, 2014 Lindsay Gray Immigrationadjustment of status, advanced parole, consular processing, entered without inspection, entry, Flores v. USCIS, I-94, misrepresentation, temporary protected status, TPS, waiver
Due to certain conditions in a foreign country, the Secretary of the Department of Homeland Security can designate such country for Temporary Protected Status (TPS). As of now, those countries are:
* El Salvador
* Haiti
* Honduras
* Nicaragua
* Somalia
* Sudan
* South Sudan
* Syria
Many people in the U.S. who have TPS find themselves wanting to stay even after their TPS expires. So the big question is: who is eligible for adjustment of status?
CURRENT LAW: YOU MUST HAVE A BASIS TO ADJUST
As it stands now, a TPS holder who would like to apply for a green card (also known as legal permanent resident status) must have a basis to adjust. This means that someone cannot apply for a green card simply because they have been granted TPS. But for those who have married U.S. Citizens, or have a citizen child over the age of 21, or those who have a job willing to sponsor them, you are eligible to apply for adjustment, at least without any problems such as false claims of citizenship, certain criminal convictions, or other grounds for inadmissibility or removal.
The bill passed by the Senate creates a pathway to citizenship for TPS holders. But its not the law…at least not yet. But hopefully it will be as soon as Congress starts actually doing something again.
WHAT IF YOU ENTERED WITHOUT INSPECTION?
If you entered the United States without inspection, you may still be eligible for a green card without leaving the U.S. A recent decision out of the Sixth Circuit Court of Appeals held that someone who originally entered without inspection in eligible to adjust. However, this is limited to the Sixth Circuit right now (Kentucky, Michigan, Ohio, and Tennessee).
The 11th Circuit came to the opposite conclusion (Alabama, Florida, and Georgia). However, the good news is that a case called Matter of Arrabelly and Yerrabelly allows for TPS holders who entered without inspection to apply for advanced parole, which means that one may leave the U.S. briefly and re-enter without triggering an unlawful presence bar, and thus may apply for adjustment upon re-entry. This also creates an avenue for a TPS holder to apply for a green card without having to consular process, which means returning to one’s home country for a lengthy period of time to process your application there.
WHAT IF YOU ENTERED THE U.S. WITH SOMEONE ELSE’S PASSPORT?
If you entered the United States with inspection, but with someone else’s passport or visa, you may still be eligible to apply for adjustment so long as you can prove the entry. You would likely need the altered passport or visa with a photo of yourself, or some other way to prove that the entry granted to the other person was actually you. You will also need a waiver for misrepresentation. If you cannot otherwise prove the entry, you may still apply for advanced parole (see above) to briefly leave the U.S. and re-enter without having to consular process. But you will still need a waiver. However, if you entered with a U.S. Passport or otherwise made a false claim of U.S. Citizenship, you may face a permanent bar to admission.
As you can see, navigating adjustment of status when you are a TPS holder is a complicated process. This short articles does not even begin to cover all of the issues you may face. Please consult a qualified immigration attorney before attempting to apply for adjustment of status in order to avoid costly and potentially life-altering mistakes.
January 12, 2014 Lindsay Gray Immigrationadjustment of status, advanced parole, consular processing, entered without inspection, entry, Flores v. USCIS, I-94, misrepresentation, temporary protected status, TPS, waiver
Due to certain conditions in a foreign country, the Secretary of the Department of Homeland Security can designate such country for Temporary Protected Status (TPS). As of now, those countries are:
* El Salvador
* Haiti
* Honduras
* Nicaragua
* Somalia
* Sudan
* South Sudan
* Syria
Many people in the U.S. who have TPS find themselves wanting to stay even after their TPS expires. So the big question is: who is eligible for adjustment of status?
CURRENT LAW: YOU MUST HAVE A BASIS TO ADJUST
As it stands now, a TPS holder who would like to apply for a green card (also known as legal permanent resident status) must have a basis to adjust. This means that someone cannot apply for a green card simply because they have been granted TPS. But for those who have married U.S. Citizens, or have a citizen child over the age of 21, or those who have a job willing to sponsor them, you are eligible to apply for adjustment, at least without any problems such as false claims of citizenship, certain criminal convictions, or other grounds for inadmissibility or removal.
The bill passed by the Senate creates a pathway to citizenship for TPS holders. But its not the law…at least not yet. But hopefully it will be as soon as Congress starts actually doing something again.
WHAT IF YOU ENTERED WITHOUT INSPECTION?
If you entered the United States without inspection, you may still be eligible for a green card without leaving the U.S. A recent decision out of the Sixth Circuit Court of Appeals held that someone who originally entered without inspection in eligible to adjust. However, this is limited to the Sixth Circuit right now (Kentucky, Michigan, Ohio, and Tennessee).
The 11th Circuit came to the opposite conclusion (Alabama, Florida, and Georgia). However, the good news is that a case called Matter of Arrabelly and Yerrabelly allows for TPS holders who entered without inspection to apply for advanced parole, which means that one may leave the U.S. briefly and re-enter without triggering an unlawful presence bar, and thus may apply for adjustment upon re-entry. This also creates an avenue for a TPS holder to apply for a green card without having to consular process, which means returning to one’s home country for a lengthy period of time to process your application there.
WHAT IF YOU ENTERED THE U.S. WITH SOMEONE ELSE’S PASSPORT?
If you entered the United States with inspection, but with someone else’s passport or visa, you may still be eligible to apply for adjustment so long as you can prove the entry. You would likely need the altered passport or visa with a photo of yourself, or some other way to prove that the entry granted to the other person was actually you. You will also need a waiver for misrepresentation. If you cannot otherwise prove the entry, you may still apply for advanced parole (see above) to briefly leave the U.S. and re-enter without having to consular process. But you will still need a waiver. However, if you entered with a U.S. Passport or otherwise made a false claim of U.S. Citizenship, you may face a permanent bar to admission.
As you can see, navigating adjustment of status when you are a TPS holder is a complicated process. This short articles does not even begin to cover all of the issues you may face. Please consult a qualified immigration attorney before attempting to apply for adjustment of status in order to avoid costly and potentially life-altering mistakes.