If I Have Temporary Protected Status, Can I Adjust Status?

If I Have Temporary Protected Status, Can I Adjust Status?

According to U.S. Customs and Immigration Services (USCIS), the Secretary of the Department of Homeland Security (DHS) has the power to designate a certain foreign country for temporary protected status (TPS) if conditions in that country prevent its nationals from returning safely or the country is unable to adequately handle the return of its nationals. When DHS designates a country for TPS, it also can assign TPS to nationals of that country who already are present in the U.S. TPS is based on at least one of the following three temporary conditions:
  • Ongoing armed conflict, such as civil war
  • Environmental disaster or epidemic, such as an earthquake or hurricane
  • Other extraordinary and temporary conditions
During certain designated periods, those eligible for TPS will not be removable from the U.S., are qualified to receive an employment authorization document (EAD), and can be granted travel authorization. Although TPS does not provide a direct means of obtaining lawful permanent resident status, it does not prevent an immigrant from filing for adjustment of status based on an immigrant petition. In the past, USCIS had refused to honor TPS as a lawful admission status required in order to adjust status. However, the U.S. Court of Appeals for the Ninth Circuit recently ruled that a TPS recipient is in lawful status, and therefore has satisfied the requirements of inspection and admission in order to qualify for adjustment of status. For residents of California and other states covered by the Ninth Circuit, then, there may be the ability to obtain lawful permanent residence through the adjustment of status process without going through consular processing in an individual’s home country. This ruling provides an excellent opportunity for California immigrants who find themselves in this situation. Temporary protected status may give you additional remedies for which other immigrants may not qualify, and we know how to best advise you about the possibility of adjusting status. Furthermore, the deportation defense lawyers of Landerholm Immigration, A.P.C. have handled countless deportation defense claims on behalf of individuals who have been detained and charged with removal. We know how devastating it can be for individuals to be detained and separated from their families, and it is our goal to reunite families in the United States. We are here for you and your family, and we want to assist you in your quest to remain in the country. Call our office today to set up an appointment today.
Categories:

Contact Us Today!

Schedule a FREE Case Evaluation
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.