News for TPS Holders on Travel and Eligibility for Green Cards [English]

On July 1, 2022, the U.S. Citizenship and Immigration Services (USCIS) announced a new policy on travel and eligibility for green cards for people holding Temporary Protected Status (TPS).

 

If you have TPS, here is what you need to know:

  • TPS by itself is not a pathway to getting a green card in the U.S. (also known as adjusting status) or a pathway to U.S. citizenship. 

  • To apply for a green card while in the United States, TPS holders and other persons must: 

    • Qualify for an immigrant visa (for example, through a U.S. citizen or lawful permanent resident family member); 

    • Enter the U.S. lawfully after being “inspected and admitted”; and  

    • Not be disqualified for other reasons.  

  • TPS holders who entered the United States undocumented are not “inspected and admitted,” a requirement for a green card. But now, TPS holders have a way to be “inspected and admitted” when they travel outside the U.S. with USCIS permission and re-enter the country. 

 

Next steps for current TPS holders:

  • This announcement DOES NOT mean that all TPS holders who travel and re-enter the U.S. will be able to apply for a green card. It means that TPS holders who qualify for an immigrant visa (for example through a family member), but don't have the necessary lawful entry into the U.S. to apply for a green card, may now be able to make that lawful entry.    

  • If you believe that you may benefit from this new policy for TPS holders, talk to an immigration attorney or accredited representative.  

  • Examples of TPS holders who may be able to benefit from this new policy include: 

    • A TPS holder who is married to a U.S. citizen or lawful permanent resident. 

    • A TPS holder who is the parent of a U.S. citizen child aged 21 or older. 

    • A TPS holder who is under 21 years old, unmarried, and the child of a U.S. citizen. 

  • NOTE:  Do NOT apply to USCIS to travel outside the U.S. without first speaking to an immigration attorney or accredited representative. You should understand everything that affects your eligibility to leave the U.S. and re-enter. There may be risks you should know about before leaving the U.S. 

 

Beware of fraud: Make sure that you are speaking with a qualified immigration lawyer or accredited representative about your options. Beware of people who try to trick immigrants out of their money by pretending to be able to help them with immigration cases. Learn more: https://ilapmaine.org/protect.

Last updated: September 2022

Legal AdvisoriesILAP MaineEnglish, TPS