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RnJ2021

Can TPS person apply for green card based on marriage.

By RnJ2021 in General Immigration-Related Discussion

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RnJ2021 Explorer

RnJ2021   59

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Filed: IR-1/CR-1 Visa Country: Ukraine
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My friend (mentioned in another thread) is considering applying for TPS. Is there any restriction on her ability to eventually file an AOS based on marriage to a US Citizen? 

I think not, but someone told her it would be a problem. 

 

On a related question, does the TPS require a separate application for the 6 year old child. 

Boiler Grand Master

Boiler   46,199

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As far as I know it is one application per person and yes it would not stop you adjusting but might be good insurance

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Crazy Cat Grand Master

Crazy Cat   42,426

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Every human is an individual.  Why wouldn't a separate application be required???

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JeanneAdil Grand Master

JeanneAdil   6,676

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https://www.americanimmigrationcouncil.org/research/temporary-protected-status-overview#:~:text=Temporary%20Protected%20Status%20(TPS)%20is,be%20deported%20to%20those%20countries.

 

TPS beneficiaries return to the immigration status that they held prior to receiving TPS, unless that status has expired or the person has successfully acquired a new immigration status. TPS beneficiaries who entered the United States without inspection and who are not eligible for other immigration benefits, for example, would return to being undocumented at the end of a TPS designation and become subject to removal.

 

I don't like to get into the politics of this but this is what Biden proposed /before that Trump wanted to stop TPS so u are at the mercy of whoever is in charge

 

 

Can TPS become permanent resident?
 
TPS currently does not make people automatically eligible for permanent residence or U.S. citizenship. The legislation proposed by Biden and congressional Democrats would allow TPS holders to apply for citizenship three years after receiving a green card, which is two years earlier than usual for green-card holders.Oct 28, 2021
  • 4 weeks later...
Ecaen87 Contributor

Ecaen87   43

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In other words, if your friend entered the US with inspection (airport, port, using a visa) then your friend could adjust status. But if your friend entered without inspection, for example through the border by just crossing it or requesting asylum then your friend even by being protected by TPS have no status. As a matter of fact someone years ago sued the government and it eventually reached the Supreme Court, and it was dismissed. If you had previous status you can adjust status, if you didn’t you can’t adjust status.

Edited by Ecaen87
 
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