If you are in the United States and unable to safely return to your home country, it is crucial that you understand all of your legal rights and options. TPS can provide important temporary protection, but many individuals want to know whether it can also give them a path to a green card. Continue reading for more information and work with a skilled Virginia immigration lawyer today.
What is TPS?
TPS stands for Temporary Protected Status. It is a humanitarian immigration program created by federal law under the Immigration and Nationality Act. TPS allows eligible individuals from certain countries to remain legally in the United States on a temporary basis because returning to their home country would be unsafe. The program is designed to provide refuge when a country is temporarily unable to handle the return of nationals because of internal crises.
The Secretary of Homeland Security designates countries for TPS based on several conditions that may prevent someone from safely returning to their country. Common reasons include:
- Ongoing war or armed conflict
- Significant natural disasters or public health emergencies such as earthquakes, hurricanes, or epidemics
- Political instability
- Other extraordinary and temporary conditions
TPS protects individuals from being deported for a set period, though it can be renewed. During this time, TPS holders may live legally in the United States, apply for work authorization to obtain an EAD (Employment Authorization Document), and possibly receive travel authorization allowing them to travel abroad and return to the U.S. lawfully.
Can TPS Lead to a Green Card in the U.S.?
While TPS provides an important protection from deportation, the status itself is not a direct path to a green card. However, TPS holders are not barred from pursuing permanent residency through other ways.
Some TPS holders may qualify for a green card through family sponsorship, employment-based petitions, asylum, or marriage to a U.S. citizen, depending on their immigration history. Eligibility for adjustment of status depends on specific circumstances. Relevant factors include:
- How you originally entered the U.S.
- Whether you were inspected and admitted (officially screened and authorized to enter the country by an immigration officer)
- Your immigration history
- Any criminal record
- Prior immigration violations
Can TPS Holders Be Deported or Lose Status?
While TPS provides temporary protection, it does not make you immune to removal in all cases. Status may be terminated due to fraud, failure to re-register, or if the U.S. government ends the country’s designation under the TPS program.
Certain criminal convictions can also result in loss of status, such as one felony or two or more misdemeanors. Immigration law treats drug offenses and crimes involving moral turpitude with extreme severity. If TPS ends or is revoked, you could be at risk for deportation.
Work with an experienced attorney for skilled legal advice and representation today.
