TPS holders are not guaranteed permanent residency. There are currently no concrete pathways to citizenship for TPS holders. If a TPS holder wants to stay in the U.S. after their TPS expires, the holder must get a green card through adjustment of status. This is often a challenge because the applicant must have a basis to adjust in order to apply for a green card.
Some TPS holders could apply for a green card in the U.S. to get paroled into the U.S. At that point, they can initiate an adjustment of status.
The Current State of TPS
Over the past two years, the Trump administration has announced that they will remove Temporary Protected Status. In late 2018, the U.S. District Court issued a temporary order to block the termination of TPS. It is very important for any holders of TPS to explore their options while the temporary hold on TPS termination is still in place.
Options for TPS Immigrants
There are only two main options for getting a green card as a TPS holder. These include a family-based green card and an employment-based green card.
Family-Based Green Card
A family-based green card could be one application option for TPS holders. This involves filing form I-130, a Petition for Alien Relative. This shows the relationship between the applicant and the family member. Most applications are reviewed within six months.
Employment-Based Green Card
This is one of the most common routes for a person to get a green card. An employer must meet certain eligibility requirements to get a green card for an employee. Many aliens who apply for a green card on employment status are already employed by the company who will sponsor them. The most common routes for employment-based green cards are L1 or H1 visas.
Options for Special Cases
Most people who get a visa or a green card come through more traditional application processes. There are very rare exceptions for special cases, but this can be an alternate route to getting a green card or a visa.
These special cases are most often relevant to people who have been victims of a crime. Any crime victim should speak with an immigration lawyer to discuss which avenue is most applicable to their case. Most victims also participate in the investigation into the crime and help law enforcement with the pursuit of justice in addition to going through the visa application process requirements for each specific situation.
Violence Against Women Act (VAWA)
Also known as the VAWA visa, a woman could get status in the U.S. under limited circumstances. She must show that she has been assaulted by her spouse, partner, daughter or son, or parent.
If an applicant is already a victim of a crime and helps law enforcement, they could be eligible for a U visa. This most often applies to those cases in which the immigrant assists law enforcement with the crime in question. Most cases of a U visa involve someone who was seriously physically or mentally abused while in the U.S. and many victims choose to work with a U visa lawyer for help.
A T visa applies to people who are victims of human trafficking and immediate family members. This T visa can allow approved applicants to temporarily stay in the U.S. This most often applies to sex trafficking and labor trafficking. Undocumented workers who put in extensive hours without overtime pay might also be eligible for this visa. Usually, those who receive a T visa participate in the investigation against the accused parties.
Contact Attorney Eric Price Today!
Attorney Eric Price has experience as an ICE prosecutor. He is familiar with the TPS to green card process and other TPS immigration concerns with both the applicant and prosecutor side. He helps TPS immigrants to get a full understanding of their issues and to aide them throughout the whole process.