(CNN Spanish) — Its beneficiaries Temporary protected status (TPS, its acronym in English) can access a process back in the United States that will allow them to adjust their immigration status and achieve permanent residency in the country.
Although TPS does not provide a designated path to lawful permanent resident (LPR) status, beneficiaries may obtain nonimmigrant or immigrant status as long as they meet the requirements.
In early July 2022, the United States Citizenship and Immigration Services (USCIS) announced that it would update its policies to determine the appropriate travel authorization mechanism for TPS beneficiaries. And, in that respect, how travel or departure from the country may affect your eligibility for adjustment of status.
Hence, with effect from July 1, beneficiaries who give advance permission (early parole, in English) or a TPS travel authorization (a Form I-512T, formerly Form I-13) upon re-entry into the United States will be “examined and cleared” to adjust status.
“That entry is considered a legal entry, and if you have a citizen spouse or citizen children over the age of 21, that person can apply and claim residency here. [en EE.UU.] There is no need to leave the country and become a citizen,” immigration attorney Noemi G. Ramirez told CNN.
In short: A TPS beneficiary who leaves the United States with their respective travel authorization is lawfully admitted even if he or she previously entered and stayed illegally. This is how re-entry under TPS travel authorization will allow the beneficiary Adjust your position and apply for a green card or legal residence, also known as a green card.
BeforeWhen a TPS beneficiary returns to the United States with a travel authorization, he or she is granted a permit. Same condition as on exit.
According to attorney Ramirez, an individual can fill out a TPS travel application separately, which costs US$575. However, Ramirez recommends seeking professional advice from an immigration attorney or nonprofit organizations. “At the very least, my advice is that they get counseling, they make sure they qualify, and they don’t have any problem returning to the United States,” he said.
Now, this path to citizenship does not apply to the more than 350,000 TPS beneficiaries because you must be eligible for adjustment of status to obtain permanent residency, and this eligibility can vary depending on the type of application. You can check Eligibility categories for permanent residence On the USCIS website.
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