Tps: Travel Abroad Eligibility

can I travel abroad with tps

Temporary Protected Status (TPS) beneficiaries can travel abroad using a Department of Homeland Security (DHS)-issued travel document under the Immigration and Nationality Act (INA) section 244(f)(3). Upon returning to the United States, they will generally retain the same immigration status they had before departing. This means that if a TPS holder had an unexecuted removal or deportation order, it would still be considered unexecuted upon their return. However, this does not satisfy the inspected and admitted or paroled eligibility requirement for obtaining an adjustment of status to lawful permanent residence.

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Can I travel abroad with TPS? Yes, TPS beneficiaries can travel abroad with a Department of Homeland Security (DHS)-issued travel document.
What happens to my immigration status if I travel abroad with TPS? TPS beneficiaries will retain the same immigration status they had before departing the United States.
Are there any exceptions to the change in immigration status? Yes, exceptions apply to aliens inadmissible under certain criminal or national security grounds or with immigrant or non-immigrant visas.
Does travel abroad with TPS satisfy the "inspected and admitted or paroled" eligibility requirement for obtaining lawful permanent residence? No, this travel does not satisfy the requirement for obtaining lawful permanent residence.
Can I use advance parole to adjust my status? Yes, some TPS holders have used advance parole to obtain a "paroled" status necessary for adjustment of status. However, USCIS has recently issued a policy clarifying that travel on advance parole does not change the status of TPS holders with orders of removal/deportation.

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Travel outside the US with TPS

Temporary Protected Status (TPS) allows foreign residents from certain designated countries to remain in the United States for a limited period, protected from unsafe conditions in their home countries. Nationals from countries experiencing ongoing armed conflict, natural disasters, or other temporary conditions that prevent their safe return can be eligible for TPS.

If you have TPS and wish to travel abroad, you must obtain approval from the US Citizenship and Immigration Services (USCIS). Here are some key points to consider:

Applying for Travel Authorization

To apply for travel authorization, you need to complete and file Form I-131, Application for Travel Document. If approved, you will receive Form I-512T, Authorization for Travel by a Noncitizen to the United States, previously known as Advance Parole. This document allows multiple re-entries but limits your stay outside the US to a total of 90 days.

Risks of Traveling Without Proper Documents

If you have TPS but have not obtained travel authorization from USCIS, do not leave the United States. Traveling without proper documents can result in the loss of your TPS designation, and you may not be able to return immediately.

Maintaining TPS Status

Even with travel authorization, it is crucial to return to the US within the permitted travel period on your I-512T document. Failure to do so could result in denied entry or abandonment of your TPS status due to a failure to maintain continuous residence.

Additionally, ensure you do not miss important deadlines associated with your TPS grant while traveling. For example, if your TPS status is up for renewal or is set to expire soon, it is advisable to wait until you update your immigration status before traveling.

Adjustment of Status

TPS holders who travel and return with an I-512T document can use their recent lawful entry to apply for a green card through the adjustment of status procedure. This process allows individuals who entered the US unlawfully to adjust their status without having to leave the country and face possible barriers to re-entry.

Seeking Legal Advice

Traveling outside the US during a pending application, after a grant of TPS, or while not a permanent resident or citizen carries inherent risks. It is highly recommended to consult with a qualified immigration attorney before deciding to travel abroad to fully understand your options and any potential implications.

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Advance parole and readmission

Advance parole is an authorization that allows beneficiaries of the Temporary Protected Status (TPS) to travel abroad and be paroled back into the United States. This means that a TPS holder can travel outside the country and retain the same immigration status upon their return.

To obtain advance parole, a TPS beneficiary must apply for a travel document using Form I-131, Application for Travel Document. Beginning July 1, 2022, the USCIS will issue a new travel authorization document, Form I-512T, Authorization for Travel by a Noncitizen to the United States, to TPS beneficiaries who are deemed to merit this authorization. This replaces the previous process of issuing advance parole documents.

It is important to note that advance parole does not change the status of a TPS holder with an order of removal or deportation. If a TPS holder had an order of removal or deportation before travelling on advance parole, they will still be considered to have an unexecuted order upon their return.

For a TPS holder without an order of removal, advance parole can satisfy the "paroled" requirement for adjustment of status under INA section 245. This means that if a TPS holder travels and returns on TPS, they can meet the "inspected and admitted or inspected and paroled" requirement for adjustment of status, provided they meet all other eligibility requirements.

However, it is crucial to carefully consider the risks associated with travelling outside the United States as a TPS beneficiary. There is a possibility of missing important notices or requests for evidence related to TPS registration or initial applications. Additionally, there is a risk of being denied TPS while outside the country. Therefore, it is essential to carefully review the Form I-131 Instructions before initiating any travel plans.

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Adjustment of status

The process is typically used by individuals who entered the US on a temporary visa, such as a student or work visa, and wish to become permanent residents. To be eligible for adjustment of status, an individual must have been inspected and admitted or paroled into the US, must be eligible to receive an immigrant visa, and must not be inadmissible to the US.

The steps for adjustment of status are as follows:

  • Determine eligibility to apply for a Green Card. Eligibility requirements may vary depending on the immigrant category.
  • File an immigrant petition (if applicable). This is usually completed by a sponsor and may be accompanied by a variety of forms depending on the category.
  • Check visa availability (if applicable). In general, Form I-485 cannot be filed until a visa is available in the applicant's category.
  • File Form I-485, Application to Register Permanent Residence or Adjust Status. If you are applying to adjust your status under section 245(i) of the Immigration and Nationality Act (INA), you must also complete Form I-485 Supplement A.
  • Attend your Application Support Center appointment to provide biometrics, including fingerprints, photographs, and a signature.
  • Attend an interview (if required). USCIS officials will determine whether an interview is necessary. If an interview is scheduled, the applicant will be required to answer questions under oath or affirmation regarding their Form I-485.
  • Respond to a request for additional evidence (if required). USCIS may request additional evidence if the submitted evidence is no longer valid, or if more information is needed to determine eligibility.
  • Check the status of your case online or by phone.
  • Receive a decision. If the application is approved, the applicant will receive an approval notice, followed by their physical Green Card. If the application is denied, the decision notice will state the reason for denial and whether the applicant may appeal the decision.

It is important to note that leaving the US during the adjustment of status process may result in USCIS considering the application abandoned, leading to potential denial. However, there are exceptions, such as in cases where the applicant has received prior permission to travel from USCIS or due to emergency situations.

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Removal proceedings

TPS beneficiaries who are subject to removal proceedings can still travel outside the United States with advance parole travel authorization from the Department of Homeland Security (DHS). However, it is important to note that this does not change their immigration status. If they had a final removal order before travelling, it will still be considered unexecuted upon their return, and they will remain subject to the removal order.

Adjustment of Status

For a TPS holder without a removal order, travelling and returning with TPS can satisfy the "inspected and admitted or paroled" requirement for adjustment of status under INA section 245. However, the grant of TPS itself does not cure an alien's entry without inspection and does not constitute an inspection and admission of the alien in most jurisdictions. The applicant must still meet all other eligibility requirements for adjustment.

Policy Updates

USCIS has updated its policy manual, effective December 20, 2019, to clarify the effect of travel outside the United States by TPS beneficiaries who are subject to removal proceedings. The updated policy states that TPS beneficiaries who depart and return to the United States with authorization remain in the same immigration status and circumstances as when they left.

Exceptions

Exceptions to this policy apply to aliens who are inadmissible on criminal or national security grounds or those with immigrant or nonimmigrant visas they present for admission to the United States. This travel does not satisfy the "inspected and admitted or paroled" requirement for obtaining an adjustment of status to lawful permanent residence.

How to Easily Check on USPS Travel Pay

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Permanent residence

Temporary Protected Status (TPS) is a form of protection for people who legally entered the United States from countries with conditions that prevent them from returning safely. It is not a direct path to permanent residence or a Green Card. However, there are several ways in which a TPS holder can gain lawful permanent residence in the United States.

Firstly, if you were admitted to the U.S., you can adjust your status and get a Green Card if you are eligible through family or employment. This is not an option if you entered the U.S. without inspection, for example, by crossing the border without going through an official port of entry. In this case, you would need to return to your country and apply for a Green Card from outside the U.S.

One way to overcome this obstacle is to apply for and be granted Advance Parole. This allows you to travel outside the United States and return with inspection, through a port of entry, which then makes you eligible to adjust your status.

Another way to gain permanent residence is through marriage to a U.S. citizen or green card holder. If you are married to a U.S. citizen, you can file for a marriage-based green card using the Adjustment of Status (AOS) process. If you are married to a green card holder, you must first file a family sponsorship form and wait to receive a visa number before applying for a marriage-based green card.

TPS holders can also seek permanent residence through their employers if they are eligible for a Green Card based on an employment visa. This process can be time-consuming and may require the employer to sponsor the applicant.

Finally, TPS holders can apply for asylum and, if granted, can apply for permanent residence one year later.

Frequently asked questions

Yes, beneficiaries of the TPS (Temporary Protected Status) are allowed to obtain advance parole: an authorization that allows them to travel abroad and be paroled back into the United States.

Unfortunately, I do not have enough information to answer this question. However, I can suggest contacting a lawyer or immigration services for more information.

No, your immigration status will remain the same upon your return, unless you are inadmissible under certain criminal or national security grounds or obtain an immigrant or non-immigrant visa.

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