Do You Qualify For Temporary Protective Status (TPS)?
There is only a limited period of time to apply for TPS (usually 6-18 months). However, an accepted application during this time can allow you to renew your TPS every 18 months!
Is Your Legal Status Unstable? Has Your Country Been Designated For TPS Recently?
If so, you may be able to obtain a more stable legal status with TPS. It’s protective status will allow you to work legally in the US as well as travel outside the US. Contact us today to live without fear tomorrow!
What Are The Benefits Of Temporary Protected Status?
- If you lost your asylum case and now have an order of Deportation, you won’t be deported.
- If you arrived on a temporary Student Visa or Tourist Visa you cannot be deported or forced to return to your country.
- This gives you a Temporary Status so unless you commit a crime you can remain in the USA.
- You can have a work permit based on TPS.
- You can have a Travel Permit to be able to travel outside of the US and return.
Don’t Wait! Here Are The Deadlines:
Deadline of October 19, 2023
Deadline of February 3, 2023
Deadline of November 25, 2022
Deadline of September 9, 2022
Deadline of March 31, 2024
If you lose your Asylum case you will lose your work permit too! But if you have TPS you can still get a Work permit through TPS!
Yes because if your Bona Fide Marriage interview does not go well and you do not get approved then you could be placed in Removal Proceedings! Also if things don't work out with your spouse and your spouse decides to withdraw their petition, you could be placed in removal proceedings and lose your work permit.
Yes you can apply for TPS and be able to work here legally under your TPS application
You are allowed to have multiple pending applications before USCIS so in most cases you can still apply for TPS.
No, but you can apply for a Travel Permit to leave the US to travel to other countries.
No. TPS is Temporary and although it is highly likely to be renewed it does not provide a Permanent Residency or Green Card.
However you can adjust status through another means while having TPS status so while living and working in the United states you could adjust status through another application.
FAMILY: If someone files a Family petition for you then you could be able to adjust status through that application ( Form I-130).
WORK: If you work for a company and that company files a labor certification and adjustment of status for you then you may be able to get residency through that application (Form I-140).
Normally you must have entered legally with inspection to be able to adjust status. “To be eligible for adjustment of status under INA 245(a), a noncitizen must have been inspected and admitted or inspected and paroled into the United States,” USCIS Policy alert Jul 11, 2022.
The question is whether someone being granted TPS qualifies as being Inspection and admitted into the United States for the purposes of adjusting status to legal permanent Residency status. The States and circuit were split on this issue. Some believed that being granted TPS cured the illegal entry if someone had entered through the border and was subsequently granted TPS. So if someone applied for a Family Petition for them that person could get a green card and adjust their status to LPR Legal Permanent Resident. Other circuits believed the granting of TPS does not cure the illegal entry and therefore the person can not be granted an adjustment of Status.
Mr. Sanchez originally entered the United States without inspection in 1997. He was granted TPS from El Salvador in 2001, which he has maintained ever since. In 2014, he applied to adjust status and was denied because of his unlawful entry in 1997.
On June 7, 2021 in Sanchez vs. Mayorkas the U.S. Supreme Court upheld the interpretation that a noncitizen who enters the United States without having been inspected and admitted or inspected and paroled, and who is subsequently granted TPS, generally does not meet this requirement of being a lawful admission and therefore cannot adjust status to legal permanent Resident.
Basically the court found that the simple fact of being granted TPS does not correct or cure the initial illegal entry and therefore you could not apply for and be granted adjustment of status.
Since with TPS you are eligible for a Travel Permit,one way to get around this policy was to leave the United States under the Travel Permit or Advanced Parole and upon return be granted admission by the Customs and Border Patrol.
However On August 20, 2020, USCIS adopted a decision by the Administrative Appeals Office in Matter of Z-R-Z-C- as agency policy. Which held that treating TPS beneficiaries who were paroled upon returning from travel authorized under INA 244(f)(3) as parolees for purposes of eligibility for adjustment of status under INA 245(a) that stated that noncitizens should not be considered to have been paroled, despite the issuance and use of parole documents for reentry into the United States.
On July 1, 2022 USCIS changed the previous policy which states that traveling with a Travel Permit or Advanced Parole and returning to the US did not qualify as being admitted or inspected. Under the new policy if you have been granted TPS and you travel outside the United States then return you are now considered to be admitted and inspected for the purpose of adjustment of Status.
Now many TPS holders who entered without inspection or had a prior Deportation Order but had a pending I-130 application will be able to adjust status to become a legal Permanent Resident by simply traveling outside the United States and Returning with the Travel Permit /Advanced Parole
“USCIS is introducing a new form, TPS Travel Authorization (Form I-512T) for authorizing such travel and will no longer be using Authorization for Parole of an Alien Into the United States (Form I512L) for this population. Presenting with a valid Form I-512T allows a U.S. Customs and Border Protection (CBP) officer at a port-of-entry to admit the named bearer into TPS.”
This is good news for anyone who has a pending Family Petition . If the only thing preventing you from adjusting status is your unlawful entry and you have been granted TPS, now you can apply for the I-512t Travel Authorization. You can leave the country then return. Once you are admitted by Customs and Border Patrol this would be considered a lawful admission and your will be able to adjust your status to legal Permanent Residency inside the United States.