Posted by: torilahuredai March 19, 2017
TPS & GC
Login in to Rate this Post:     0       ?        
Applying for GC from TPS will only be a problem if you were out of status before you applied for TPS. So you will be fine.

People who have been out of status for up to 6 months before they applied for TPS will be subject to a 3 year bar for adjustment of status for GC and those who have been OOS for more than a year are subject to a 10 year bar. Basically, your adjustment of status will be denied if you have been OOS over 6 months.

Subtle note regarding being out of status - you will not be considered out of status when you were in, say your last month of valid visa when you applied for TPS but your TPS application took say 4 months to be approved. That extra 3 months will not be considered you being out of status if your TPS is eventually approved. If however, your TPS is rejected, then those 3 months will retroactively count as out of status stay.

https://www.murthy.com/2013/06/03/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence/
Last edited: 19-Mar-17 12:40 AM
Read Full Discussion Thread for this article