TPS Recipients are now eligible to file for U.S. Residency!
On March 31, 2017, the 9th Circuit Court of Appeals held that under INA §244(f)(4), a TPS recipient is deemed to be in lawful status and thereby has satisfied the requirements to become a nonimmigrant, including inspection and admission, for the purposes of adjustment of status. (Ramirez, et al. v. Brown, et al., 3/31/17)
How this impacts a TPS beneficiary?
As a result of this ruling, TPS recipients are deemed to be in lawful status, even if they entered illegally, and can apply for Adjustment of Status (green card) from inside the United States through a qualifying petition.
The TPS recipient would still need a valid visa petition by an immediate relative (Ex. U.S. Citizen/Permanent Resident Spouse) and visas would have to be available at the time of the application. An employer may also sponsor a TPS recipient through an employment visa and a labor certification.
When Can I apply for a Green Card?
You should apply as soon as possible, if you have an immediate relative or employer who is willing to file a Petition on your behalf.
For more information regarding TPS call Commonwealth Law Group - Immigration Attorneys in Santa Ana, CA today!
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