December4 , 2022

CAN ADVANCE PAROLE HELP TPS RECIPIENTS GET A GREEN CARD?

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Recently, USICS has established a new policy that will have an impact on certain individuals who are granted Temporary Protected Status (TPS). There may be times when certain nations are given temporary protected status because their citizens cannot return safely due to conditions within their countries.

As long as they are not inadmissible or deportable, TPS beneficiaries can obtain work authorization in the United States (absent any grounds for inadmissibility or deportability). Regardless of whether the individual entered the country without clearance or had been expelled previously. Since TPS beneficiaries are exempt from deportation and inadmissibility requirements, they do not have to worry about these issues.

The Form I-131 must be submitted by TPS recipients to USCIS, along with any evidence and documentation that supports the case, in order to obtain the Form I-512T. TPS recipients who might stand to profit from this new USCIS policy are encouraged to get in touch with an experienced family immigration lawyer.

Some people who are granted Temporary Protected Status (TPS) might have close family members who are citizens of the United States or lawful permanent residents (LPRs) and can help them apply to modify their status. Noncitizens are required by section 245(a) of the Immigration and Nationality Act to have undertaken a physical examination before arriving in the United States in order to be eligible for adjustment of status under that statute, as well as for being inspected after being admitted. This condition has been a barrier for certain TPS beneficiaries who were not admitted or paroled into the United States in the past, and it prevents them from adjusting their status to that of a permanent resident in accordance with INA section 245. (a).

Currently, the United States Citizenship and Immigration Services (USCIS) is in the process of implementing a new policy that addresses this issue. This policy allows TPS holders to apply for an advance parole form, called Form I-512T, which will enable them to leave the country temporarily. A parole period will follow, and the person will be returned to the country under TPS status for an additional period.

TPS recipients who are granted parole into the United States using Form I-512T may be able to alter their status under section 245 of the Immigration and Nationality Act to that of permanent residents (a).