How to adjust status under TPS

How to adjust status under TPS

Temporary Protected Status (TPS) is a humanitarian program that allows individuals from designated countries facing natural disasters, armed conflict, or other extraordinary conditions to remain in the United States. Adjusting status under TPS is critical for recipients who want to obtain lawful permanent residency. In this article, we discuss how to adjust status under TPS effectively.

Understanding TPS Eligibility

Before adjusting your status, ensure you meet the eligibility criteria for TPS. You must:

  • Be from a designated TPS country.
  • Have been continuously physically present in the U.S. since the date of designation.
  • Have maintained continuous residence in the U.S. since the TPS designation.
  • Not have any disqualifying criminal convictions.

Steps to Adjust Your Status

Once you confirm your eligibility, follow these steps to adjust your status under TPS:

1. Confirm Your TPS Status
Ensure that your TPS application is approved and that you possess the necessary documentation, such as the Employment Authorization Document (EAD).

2. Determine Your Eligibility for Adjustment of Status
Check if you qualify for adjustment of status based on other conditions, such as family sponsorship, employment opportunities, or asylum status. You must have entered the U.S. legally or qualify for a waiver.

3. File Form I-485
Complete and submit Form I-485, Application to Register Permanent Residence or Adjust Status. This form requires personal information, TPS status, and proof of eligibility for adjustment. Include supporting documentation such as:

  • Proof of your current TPS status
  • Identity and immigration-related documents
  • Medical examination results (Form I-693)

4. Pay the Application Fee
Prepare for any applicable fees associated with Form I-485. Fee waivers may be available for qualifying applicants.

5. Attend Your Biometrics Appointment
After filing, you will receive a notice for a biometrics appointment. Attend this appointment for fingerprinting and background checks, which are essential for processing your application.

6. Attend the Adjustment of Status Interview
If your application progresses, you may be required to attend an interview at your local USCIS office. Prepare for potential questions regarding your TPS status and eligibility for permanent residency.

7. Await the Decision
After your interview, wait for a decision from USCIS. You will be notified whether your application for adjustment of status has been approved or denied. If approved, you will receive your Green Card in the mail.

Seek Legal Assistance

Navigating the process of adjusting status under TPS can be complicated. It's advisable to seek assistance from an immigration attorney to ensure that you follow the correct steps and present the most compelling case.

Final Thoughts

Adjusting status under TPS is an important pathway to securing legal residency in the U.S. Ensure that you are thoroughly prepared and meet all requirements to enhance your chances of a successful application.