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Our TPS Immigration Lawyers Hep you Explore Your Options for Transitioning from Temporary Protected Status to Permanent Residency
Many Temporary Protected Status (TPS) holders may qualify for a Green Card through family-based immigration petitions, employment-based immigration petitions, and others.
With advance parole that is generally available for people with TPS, you may be able to overcome the obstacles to residency that an entry into the U.S. without permission often present, because the law allows many people to file an application for Lawful Permanent Resident status, if they have been paroled into the United States.
Learn the requirements, eligibility rules, potential waivers, and legal options available to obtain lawful permanent residence in the United States. Our experienced immigration attorneys help TPS recipients evaluate the fastest and safest path to a Green Card and avoid costly immigration mistakes.
Obtaining Advanced Parole (Permission to Travel)
A person who has been granted TPS is eligible to receive Advanced Parole or a “Travel Permit” with which they can travel outside the U.S. and be “paroled” (permitted to enter) upon their return.
Advance Parole is available to any individual who has a current grant of TPS, or who has been granted TPS and has a timely application pending for its renewal.
Benefits of Advance Parole for Individuals with Temporary Protected Status (TPS)
For many TPS holders, obtaining Advance Parole may create an opportunity to apply for lawful permanent residence (a Green Card) from within the United States.
Under Section 245(a) of the Immigration and Nationality Act (INA), individuals who have been lawfully “paroled” into the United States may be eligible to apply for Adjustment of Status, allowing them to pursue permanent residence without leaving the country.
Depending on your circumstances, Advance Parole may open the door to several immigration options, including:
Family-Based Green Card Petitions Through Immediate Relatives
One of the most common pathways to permanent residence is through a residency petition filed by an immediate relative who is a U.S. citizen (I-130). This may include:
- A U.S. citizen spouse
- A U.S. citizen child who is at least 21 years old
- A U.S. citizen parent (for unmarried applicants under age 21)
In many cases, TPS holders who travel with Advance Parole and return lawfully to the United States may become eligible to apply for Adjustment of Status through one of these family relationships.
Family-Based Residency Petitions Through Lawful Permanent Residents
Some TPS holders may also qualify for permanent residence through a spouse or parent who is a lawful permanent resident (Green Card holder). However, these cases often involve visa waiting periods and, in certain situations, may require a waiver (immigration pardon) if the applicant accrued significant unlawful presence before obtaining TPS.
Employment-Based Immigration Opportunities
Employment-based residency petitions may also provide a path to permanent residence for eligible TPS recipients. Depending on the employment category, applicants may face visa availability waiting periods and, in some cases, may require waivers related to prior unlawful presence.
In addition, many employment-based residency categories allow qualifying family members to obtain permanent residence as part of the same process.
Some TPS Holders Must Obtain their Green Card via Consular Processing
Some individuals who have TPS may not be eligible to file for Adjustment of Status in the U.S. and may need to apply for U.S. legal permanent residency (green card) outside the U.S. at the U.S. Consulate. If an individual must go to the U.S. Consulate to complete their residency processing then a “Travel Permit” (Advanced Parole) may be used to return to the U.S. and avoid long periods of time that the person may otherwise be required to wait outside the U.S.
Shorter Wait Times Outside the US for Those Eligible for a Waiver of Deportation/Removal
Some individuals who have been in a deportation/removal proceeding may be required to file for a waiver of a deportation/removal order, Form I-212. For most, this must be done through a procedure at the U.S. Consulate and would often cause an individual to be outside the U.S. for an extended period of time. However if the person has a travel permit (Advanced Parole) they may be able to return to the U.S. while their I-212 petition is completed.
Shorter Wait Times Outside the US for Those Eligible for a Waiver of Inadmissibility (I-601 Waiver)
Some individuals may be required to obtain an I-601 Waiver (waiver of inadmissibility). For example, some individuals who have made a material misrepresentation to the government among other immigration violations. For most, this must be done through a procedure at the U.S. Consulate and would often cause an individual to be outside the U.S. for an extended period of time. However, if the person has a travel permit (Advanced Parole) they may be able to return to the U.S. while their I-601 waiver petition is completed.
Returning to the U.S. with Advanced Parole
When an individual travels outside the U.S. they are subject to an inspection process when they return and if they have issues with their prior criminal history or with prior immigration filings, those issues may be revealed and may cause them to lose their TPS and be subject to removal from the U.S. It is highly recommended that you consult with an experienced immigration lawyer to identify the best strategy to obtain your Green Card and avoid costly mistakes.
Find Out If You Qualify for a Green Card Through TPS
Determining whether Advance Parole can help you qualify for permanent residence requires a careful review of your immigration history, family relationships, employment opportunities, and any periods of unlawful presence. The immigration attorneys at FitzGerald Law Company can evaluate your eligibility, identify potential obstacles, and help you develop a strategy for pursuing a Green Card while protecting your current immigration benefits.
Schedule a confidential consultation today and get a personalized Green Card strategy.
Call (617) 303-2600 (ext. 0) or contact us online to get started.
