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Can TPS Holders Get a Green Card?

For individuals with Temporary Protected Status (TPS), their current status can make the pathway to getting a Green Card confusing or complicated. However, there is hope, especially when working with an experienced Hollywood, Florida, immigration attorney.

TPS Defined

TPS is to protect individuals from certain countries deemed unsafe due to armed conflict, environmental disasters, or other ‘extraordinary and temporary’ conditions. Immigrants are granted temporary immigration status to eligible nationals of these countries, allowing them to live safely in the U.S. for a limited time. Individuals can apply for work permits and travel authorization documents during their stay. Eligibility requirements for TPS generally include being continuously present in the U.S. since a certain date and being legally admitted into the U.S. when applying for TPS. The program also requires applicants to pass background security checks to be considered for protection.

Steps to Applying for a Green Card as a TPS Holder

Applying for a green card as a TPS holder is a multi-step process. The first step is to ensure individuals meet the eligibility requirements to be considered for lawful permanent resident status. This includes:

  • Having had TPS status before the most recent termination or extension of your TPS designation;
  • Having continuously resided in the U.S since the date specified in the Federal Register notice designating your country for TPS; and,
  • Currently being physically present in the U.S.

After meeting these eligibility requirements, individuals must file Form I-821, Application for Temporary Protected Status with U.S. Citizenship and Immigration Services (USCIS), along with evidence demonstrating their eligibility for TPS. Additionally, applicants must file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS and pay all applicable fees associated with this application.

Once both forms are filed and USCIS approves them, individuals can apply for an Employment Authorization Document (EAD) or proceed directly to their interview at a local USCIS office.

Following a successful interview, if approved by an immigration officer, individuals will receive their green card, officially granting them lawful permanent resident status in the U.S.

Questions About Obtaining a Green Card?

If you are a TPS holder, it is critical to be aware of the steps you need to take to obtain a green card. By understanding the requirements and following the steps outlined above, you can begin applying for a green card as a TPS holder.

For further questions about this topic or immigration law in general, reach out to our experienced team at Magilligan Law. We continuously stay on top of immigration changes and are ready to assist you with your immigration matter. Reach out online or by phone so we can make your American dream a reality. (954) 883-9122