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Applying for a Green Card as a TPS Holder
TPS Holder Applying Green Card. Temporary Protected Status (TPS) holders can apply for a green card (lawful permanent residency) under certain conditions. However, here’s a detailed guide on how TPS holders can transition to a green card:
1. Eligibility Requirements
To adjust status to a green card holder, a TPS holder must meet specific eligibility criteria:
- Family-Based Petition:
- Immediate Relatives: TPS holders who have an immediate relative who is a U.S. citizen (such as a spouse, parent, or unmarried child under 21) are eligible to apply for a green card.
- Other Relatives: TPS holders can also be sponsored by other family members who are U.S. citizens or lawful permanent residents, but this often involves longer wait times due to visa category quotas.
- Employment-Based Petition:
- Employer Sponsorship: An employer can sponsor a TPS holder for a green card under employment-based immigration categories, then provide the TPS holder meets the job and skill requirements.
- Diversity Visa Lottery:
- Lottery Winners: TPS holders who are selected for the Diversity Visa (DV) Lottery can apply for a green card, assuming they meet the program’s eligibility requirements.
- Special Immigrant Categories:
- Asylum or Refugee Status: TPS holders who are granted asylum or refugee status can apply for a green card one year after receiving this status.
- Other Categories: Certain other categories, such as U visa (for victims of crimes) and T visa (for victims of human trafficking), may also provide a pathway to a green card.
TPS Holder Applying Green Card
2. Adjustment of Status (AOS) Process
1. Determine Eligibility:
- Confirm that you have a qualifying relationship (family or employment) or another basis for a green card.
- Verify that you meet all eligibility requirements, then again, including maintaining continuous lawful presence in the U.S.
2. File Required Petitions and Forms:
- Family-Based Petition: Have your U.S. citizen or lawful permanent resident relative file Form I-130, Petition for Alien Relative, on your behalf.
- Employment-Based Petition: Have your employer file Form I-140, Immigrant Petition for Alien Worker, on your behalf.
3. Concurrent Filing:
- Concurrent Filing: If an immigrant visa number is immediately available (often the case for immediate relatives), you can file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130 or Form I-140.
4. Complete and Submit Form I-485:
- Form I-485: Complete Form I-485 and submit it along with supporting documents such as proof of identity, proof of relationship, employment verification, and evidence of continuous residence.
- Filing Fee: Pay the required filing fee for Form I-485. Fee waivers are available for those who demonstrate financial hardship.
- Biometrics Appointment: Attend a biometrics appointment where your fingerprints, photographs, and signatures will be collected.
TPS Holder Applying Green Card
5. Attend the Adjustment of Status Interview:
- Interview Preparation: Prepare for the interview by gathering all required documents and additional evidence requested by USCIS.
- Interview: Attend the interview at the scheduled USCIS office. Answer questions about your application and background.
6. Receive a Decision:
- USCIS Decision: USCIS will send a written decision on your Form I-485. If approved, you will receive your green card in the mail. If denied, you will be informed of the reasons and may have options to appeal or reapply.
3. Special Considerations for TPS Holders
- Continuous Lawful Presence: TPS is considered lawful presence, which can help in the adjustment of the status process.
- Advanced Parole: If a TPS holder travels abroad, they should obtain an Advance Parole before departing the U.S. to ensure they can re-enter and continue their adjustment process.
- Inadmissibility Issues: Some TPS holders may face grounds of inadmissibility (e.g., certain criminal convictions or immigration violations). In some cases, waivers are available, and it is essential to consult with an immigration attorney.
4. Legal Challenges and Complexities
TPS Holder Applying Green Card
- Legal Advice: Given the complexities of adjusting status, it is advisable and highly advisable for TPS holders to seek legal assistance from an experienced immigration attorney.
- Documentation: Accurate and thorough documentation is crucial. For instance, TPS holders must provide evidence of their identity, relationship, employment, and continuous residence.
- Timelines: The adjustment process can be lengthy and involves multiple steps and waiting periods. Understanding the timelines and requirements is essential for a successful application.
Conclusion
TPS holders have various pathways to apply for a green card, which include family-based, employment-based, and other special immigrant categories. However, the process involves several steps, from filing petitions to attending interviews. Given the complexities and potential legal challenges, seeking legal assistance is highly recommended to navigate the adjustment of status successfully. By understanding and meeting the eligibility requirements and following the necessary procedures, TPS holders can transition to lawful permanent residency and enjoy the benefits of a green card.
