Note (March, 31, 2017): Court decisions in the 6th and 9th Circuits have also ruled that TPS holders may apply for adjustment of status even if they have not been “paroled” in certain circumstances. This change is particularly important for individuals who currently have TPS and are eligible for residency through an immediate relative petition. An immediate relative is a U.S. spouse, U.S. parent if the child is under 21 years of age, or even a child is he/she is over 21 years of age. In addition, a person with TPS who has an employer who is willing to sponsor him/her, may be eligible for residency in the U.S. in certain circumstances.
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 Advanced Parole for someone who has TPS
Some TPS holders may be able to adjust status (obtain a Green Card) in the U.S.
Section 245(a) of the Immigration and Nationality Act states that a person who is “paroled” into the United States is eligible to apply for Adjustment of Status (a Green Card) in the United States.
a) The most common Adjustment of Status applications are filed with an Family-Based residency petition [1] (Form I-130) by an Immediate Relative who is a U.S. Citizen [2]. [A spouse, a child who is over 21 years of age, or a parent if the child is under 21 years of age]
b) Family-Based residency petitions by Legal Permanent Resident [3]spouses or parents may also allow an individual to file for Adjustment of Status but there may be a waiting period, as well as the need for a Waiver [4] if the person was unlawfully present in the U.S. for 6 months or more before applying for TPS
c) Employment-Based residency petition [5] may also allow an individual to file for Adjustment of Status but there is generally a waiting period of 1-2 years, and in some cases the need for a Waiver [4] if the person was unlawfully present in the U.S. for 6 months or more before applying for TPS. Employment-based petitions also have the benefit in many cases of providing residency to the family.
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 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) [4]
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 others. 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 [6]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
Read Frequently Asked Questions on TPS – Temporary Protected Status [7]