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Adjusting Status for TPS Holders
TPS Holders Adjusting Status. TPS holders looking to adjust their status to become lawful permanent residents (green card holders) must meet specific eligibility requirements and follow certain procedures. Adjusting status involves shifting from TPS to a different immigration status without having to leave the United States. Here’s a detailed guide on how TPS holders can adjust their status.
1. Eligibility Criteria for Adjustment of Status
To adjust their status, TPS holders typically need to meet one of the following criteria:
- Family-Based Petition: Have an immediate relative who is a U.S. citizen (e.g., spouse, parent, or child over 21).
- Employment-Based Petition: Have an employer willing to sponsor them for a green card.
- Diversity Visa Lottery: Have been selected for the Diversity Visa Lottery and meet the requirements.
- Other Special Categories: Qualify under other categories such as asylum, U visa (victims of crimes), T visa (victims of trafficking), or VAWA (Violence Against Women Act).
2. Steps to Adjust Status
1. Determine Eligibility:
- Confirm that you have an immediate relative who can sponsor you or an employer willing to file a petition on your behalf.
- Ensure you have maintained continuous lawful presence in the U.S. TPS itself is considered lawful presence, which helps in the adjustment process.
TPS Holders Adjusting Status
2. File the Necessary Petitions:
- Family-Based Petition: Your U.S. citizen relative must file Form I-130, Petition for Alien Relative.
- Employment-Based Petition: Your employer must file Form I-140, Immigrant Petition for Alien Worker.
3. Concurrent Filing (If Applicable):
- If an immigrant visa number is immediately available, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130 or Form I-140. This is often the case for immediate relatives of U.S. citizens.
4. Complete and Submit Form I-485:
- Form I-485: Complete and submit Form I-485 along with supporting documents, such as proof of identity, nationality, entry into the U.S., and any other required evidence (marriage certificate, employment offer letter, etc.).
- Filing Fee: Pay the appropriate filing fee for Form I-485. Fee waivers may be available for those who demonstrate financial hardship.
- Biometrics Appointment: Attend a biometrics appointment where fingerprints, photographs, and signatures are taken.
5. Attend the Adjustment of Status Interview:
- USCIS may schedule an interview to verify the information provided in your application. Attend the interview with all required documents and any additional evidence requested.
6. Receive a Decision:
- USCIS will notify you of the 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.
TPS Holders Adjusting Status
3. Challenges and Considerations
- Travel and Advance Parole: TPS holders who travel outside the U.S. without Advance Parole risk abandoning their application. Always obtain Advance Parole before traveling.
- Inadmissibility Grounds: Some TPS holders may be subject to grounds of inadmissibility, such as certain criminal activities or immigration violations. Waivers may be available for certain grounds, but it’s essential to consult with an immigration attorney.
- Legal and Procedural Complexity: Adjusting status can be legally complex and procedurally challenging. Hiring an experienced immigration attorney can help navigate the process and increase the chances of a successful outcome.
4. Case Examples and Special Circumstances
Example 1: Immediate Relative of a U.S. Citizen:
- A TPS holder married to a U.S. citizen can file Form I-130 (by the U.S. citizen spouse) and Form I-485 concurrently if they entered the U.S. legally.
Example 2: Employment-Based Adjustment:
TPS Holders Adjusting Status
- A TPS holder working in a specialized occupation can have their employer file Form I-140 and then file Form I-485 if they meet the job requirements and an immigrant visa is available.
Conclusion
TPS holders have viable pathways to adjust their status to lawful permanent residence, primarily through family or employment-based petitions. Navigating the adjustment process requires careful attention to eligibility criteria, timely filing of necessary forms, and adherence to legal procedures. Given the complexities involved, seeking legal advice is highly recommended to ensure a smooth transition from TPS to a green card holder.
