How to get a Green Card inside the U.S. if you have TPS
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.
Some TPS holders may apply for the Legal Permanent Residency (Green card) in the United States, as they are eligible to receive “Advanced Parole” or “permission to travel” which allows them to lawfully re-enter the U.S. Once the TPS beneficiary is “paroled” into the U.S., they may apply for adjustment of status in the United States based on a marriage residency petition, family residency petition or in many cases, an employment residency petition.
Others who have TPS (Temporary Protected status) are not eligible to apply for the Green Card in the US, and they must go through Consular Processing which would require them to wait outside the U.S. for a long time. However if they have “advanced parole” they may travel back to US to avoid the long wait and go back to their Consulate when their green card is ready to be issued.
If the TPS beneficiary needs a Waiver of deportation (I-212) or a Waiver of Inadmissibility (I-601A), he/she may also want the permission to travel to allow him/her to return to the United States while the waiver is processing.
Individuals that have been granted this permission to re-enter the U.S. (“Advanced Parole”) must know that there are also risks involved. Every person is subject to an inspection at the port of entry of the United States; and if they have a prior criminal case or issues with other immigration processes, they could lose their TPS. For this reason it is very important to consult an immigration lawyer to identify the best possible strategy for your case.
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If you have TPS and you think that you are eligible to apply for an “Advanced Parole”, call our office and schedule a consultation with one of our immigration attorneys at 617-303-2600 (ext. 0) or request the appointment online. We can help you and you family with any legal matter related to personal injury, criminal defense or other immigration process.
The FitzGerald Law Company Team