If you’re in the U.S. on Temporary Protected Status (TPS) and are married to a U.S. citizen or green card holder, you may be eligible to change your status to a marriage-based green card. This process can help you stay in the U.S. permanently and even work toward U.S. citizenship.
What is TPS?
Temporary Protected Status (TPS) allows people from certain countries affected by conflict or natural disasters to live and work in the U.S. temporarily. If you’re married to a U.S. citizen or a green card holder, you can explore switching from TPS to a marriage-based green card for permanent residency.
Important Changes to TPS
Though TPS can allow you to stay in the U.S. for many years, your ability to stay legally depends on your home country’s TPS status. If your country loses its TPS designation, you may be required to leave the U.S. However, applying for a marriage-based green card may let you stay legally in the U.S. even if TPS is terminated.
For just $649, Law and Visas can help you complete your entire marriage green card application, including all forms, supporting documents, and attorney review. We’ll guide you through the entire process, from the moment you file until you receive your green card.
How to Transition From TPS to a Marriage Green Card
Your path to a marriage green card depends on whether your spouse is a U.S. citizen or a green card holder. Let’s look at both options:
Path 1: If You’re Married to a U.S. Citizen
If your spouse is a U.S. citizen, you’ll apply for your marriage green card through the Adjustment of Status (AOS) process. This allows you to file for a green card while staying in the U.S.
Here’s what you’ll need to do:
- Your U.S. citizen spouse must file the I-130 Form (Petition for Alien Relative) to sponsor you.
- You will then file the I-485 Form (Application to Register Permanent Residence or Adjust Status) to apply for your green card.
As long as you show that your marriage is genuine (not just for immigration purposes), your green card will typically arrive within 6 to 12 months from when USCIS receives your forms.
Law and Visas will be with you every step of the way, helping you with interview preparation and document submission. Learn more about how we can assist you, or check your eligibility for free.
Path 2: If You’re Married to a Green Card Holder
If your spouse is a green card holder, the process is a bit more complicated. As of March 2023, the F-2A category (for spouses of green card holders) is no longer “current” due to application backlogs. This means you’ll have to wait for a visa number to become available before proceeding.
Here’s the process:
- Your spouse must file the I-130 Form (Petition for Alien Relative) on your behalf.
- Once the I-130 is approved, you must wait for a visa number to be available. This can take several months or longer.
If your visa number becomes available while your TPS is still active:
- You can stay in the U.S. and apply for your marriage green card through AOS by submitting the I-485 Form.
If your visa number becomes available after your TPS is terminated:
- You will need to leave the U.S. and apply through consular processing. This involves filling out the DS-260 Form (Immigrant Visa Electronic Application) and attending a consular interview in your home country.
Once your green card is approved, it will typically arrive within 6 to 12 months after your I-130 is received.
Important: If your green card holder spouse becomes a U.S. citizen while you’re waiting for your visa number, you can switch to the faster process for spouses of U.S. citizens (Path 1).
What if You Entered the U.S. Without Inspection?
If you entered the U.S. without inspection by a Customs and Border Protection (CBP) officer, it’s usually difficult to apply for a marriage green card through AOS. However, for TPS holders, there’s some good news: courts have ruled that receiving TPS status counts as being lawfully admitted to the U.S., even if you initially entered without inspection.
This means you may still be able to apply for a marriage-based green card without leaving the U.S., but only if you’re in certain areas (like the Ninth Circuit or Sixth Circuit).
Important: If you were admitted without inspection and live outside of these areas, or have a criminal history or deportation issues, it’s best to consult an immigration lawyer.
Special Considerations for TPS Holders
- If you entered the U.S. without lawful status, but you have TPS, you might qualify for a marriage green card.
- If your country loses TPS status, avoid overstaying your visa, as doing so could lead to being barred from reentering the U.S. for several years.
- If you were inspected by CBP at the time of your entry, Law and Visas can help you navigate your marriage green card application.
If you’re considering switching from TPS to a marriage-based green card, or if you’re unsure of your eligibility, don’t hesitate to contact Law and Visas. Our experienced team can help you understand your options and provide expert guidance throughout the application process. Check your eligibility for free today!
