As a TPS holder, you are not guaranteed eligibility for legal permanent resident status. While several bills have been brought before Congress to create pathways to citizenship, none have become law yet. To stay in the United States legally after your TPS expires, you need a green card that is obtained through an Adjustment of Status. However, if you want to apply for a green card, you must have a basis to adjust. Here’s how it may be possible for you to go from TPS to having a green card legally.
Benefits of Having Advanced Parole Status with TPS
TPS holders are often required to apply for their green card from outside the United States. However, if you have been granted Advance Parole (permission to travel abroad), it may be possible to obtain your green card within the United States. Advance Parole allows you to travel outside the United States and upon your return, you are permitted to legally enter the U.S. and are considered paroled. But with this benefit, you are always at risk of being subjected to an inspection process. If any information about past criminal activity or problems with prior immigration filings is found, you could be removed from the United States.
Having an Advance Parole opens three ways for you to apply for a “green card” while being physically within the United States:
- Family-Based Residency Petition. If you are married to a U.S. citizen, have a parent who is a U.S. citizen, or are the parent of a U.S. citizen over the age of 21, one of these individuals could petition for your green card.
- Legal Permanent Resident. If you have a sibling, parent, spouse or child with green card status, you may be permitted to apply for a family petition. The wait time to apply for a green card would be longer in this category.
- Employment-Based Residency Petition. If your employer is willing to sponsor you, they could petition you for your green card. However, you might need a waiver if you were previously in the United States illegally or have other immigration violations.
Consular Processing Outside the United States
If you ineligible to file for an Adjustment of Status within the United States, you may be able to obtain your permanent residency outside the country. To do so, you would need to go to a U.S. Consulate and complete your residency processing there. You could possibly return to the United States with a travel permit (advance parole) to avoid having to wait for a long period of time outside the United States.
Filing a Waiver of Deportation/Removal
If you have been in a deportation/removal proceeding, you might need to file an application for a waiver at the U.S. Consulate. This process needs to be thoroughly pre-planned by an experienced immigration attorney prior to your departure from the US.
If your TPS status is expiring or you wish to obtain a green card, we can help. Contact the top immigration attorneys in Los Angeles at Root Law Group.
Call us at (323) 456-7600 to schedule your free in-office consultation today!