I am under TPS but want a green card

T

theguy1992

Registered Users (C)
Well, now my father got me a TPS( Temporary Protection Status) I was eligible for it because it was allowed for Haitians who was in the U.S for the earthquake that happened in Haiti. I don't like what he did because now I'm going to have to go back to Haiti next July in 2011. There has to be another way for me to get my green card while I am in the U.S because He did become a naturalized citizen when i was 14 or 15. Now, I am 18 years old.

I was on the USCIS site trying to look for information that may help me. I was reading this
(w) (w) (w).uscis.(g) (o)( v)/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD
it talks about immediate relative of a U.S citizen who can get there green card while in or out of the United states. I am not sure if I am an immediate relative becuase my dad is a U.S naturalized citizen....but if I reading the information wrong please tell me because right now I am clueless
 
Yes you would be classified as an immediate relative because you are under 21 and (presumably) never married and your father is a USC. And isn't your stepmother also a USC?

But if I remember correctly from another thread, your problem is that you cannot stay to adjust status within the US, because you didn't enter legally, and even immediate relatives need to enter legally to be eligible for AOS. So your green card process would have to be completed outside the US at a consulate, unless you are eligible for 245(i) or unless the TPS would exempt you from having to leave the US for this. And in order to be eligible for a GC via the consulate, you need to leave the US before accumulating 180 days of illegal presence past your 18th birthday.

Did you receive or at least apply for an Employment Authorization Card along with the TPS application? Do you have any official documents in your own name saying that you have TPS?
 
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I just told my father that and he isn't getting it through his thick skull...he thinks he knows everything....Now he is telling me that after i get my TPS papers he is going to sign me up for permanent residence under the TPS...I told him thats not possible and he is telling me I am wrong and I also told him about the 180 days situation after i turn 18 but he says," I am doing the paperwork your not so,how you going to tell me whats right or wrong" seriously I can't talk to this guy because he believes everything he is doing is right and because of this my life is going to be ruined. I can't talk to him I feel like an immigration specialist or officer who has to talk to him because he thinks what I don't know crap about the information I am telling him...Since he is my dad and he is doing the wrong stuff there is nothing I can do but seat and watch.


no i just call her my step mom because she has my half brother and half sister but she was never married to my dad...Also she isn't a USC she only has a green card
 
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theguy1992 said:
I just told my father that and he isn't getting it through his thick skull...he thinks he knows everything....Now he is telling me that after i get my TPS papers he is going to sign me up for permanent residence under the TPS...I told him thats not possible and he is telling me I am wrong and I also told him about the 180 days situation after i turn 18 but...
Click to expand...

Well he is partially right; he can file papers for you and you can get a green card from it, but you'll have to complete the process outside the US (unless the relevant papers were filed for you before the April 2001 deadline for 245(i), or the TPS exempts you from having to leave, which I don't think it does).

Anyway, the good news is that the TPS keeps you in legal status for a while. So for now you won't accumulate more unlawful presence while his attempt progresses to failure. Meanwhile you need to try to find a lawyer to assist you pro bono. There might be some Haitian-born immigration lawyers who will be willing to help, and who may be able to convince your father that he is wasting his money if he tries to get you a green card through AOS. But you can't let him know that is why you're bringing him to the lawyer. Just find a way to have him sit down with you in front of the lawyer, or to have the lawyer call him and tell it like it is.

So, do you have any papers in your hand saying you have TPS, or did your father just tell you that you have TPS without showing you anything official?
 
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well when i came home he showed me the documents...he signed me up for the employment visa and the TPS they gave to the Haitain people in hait...So, yes he did apply it for me but this is retarded anyone with a brain knows you can't adjust your status to agreen card for apply to the 1-485 permanent residence form but no its him he is always right....but to tell you the truth im not sure when my dad started to apply for me because he never told me this
 
If you can't find a lawyer to convince him, let him go ahead with his plan anyway. It will fail within a few weeks or months, and then he'll learn the reality and you'll get to reapply through a consulate before accumulating any more illegal presence.

Do you have a passport (expired or not)?

Meanwhile, take your new employment card and use it to apply for a Social Security number and then use the Social Security card to get a driver's license or state ID.
 
Let me tell you something, according to what you expressed you i don't know but you may be elegible to adjust status if you are now under tps, however if you worked without authorization USCIS might deny your AOS unless you are 245i elegible, for that you may wanna see how your father got his green card, if he hot it through a Family based petition or Labor Certification before December 21, 2010 you may be elegible to have an interview in the US. Therefore I recommend you to see en experienced Immigration Attorney look into that for you, so if that is the case that would fix your problem. But then again, your father is a US Citizen and you should be able to adjust status without leaving the country because you are an immediate relative who was under 21 when he became a USC. There are some options for you, but like I said the best way to find out is if you ask these to an experienced immigration attorney. Good luck!
 
FROM www.uscis.gov (do a simple site search for "TPS")

What is TPS?

The Secretary of the Department of Homeland Security can designate a country under the Temporary Protected Status (TPS) program based on certain events, such as natural disasters or ongoing armed conflicts. Persons from a TPS-designated country, who were already in the U.S. by a certain date, may be able to apply to stay temporarily and get temporary work authorization until conditions change in their country, allowing them to return home safely. TPS is a temporary benefit. TPS is not asylum, not an amnesty, and it does not lead to permanent residence. The program is intended to assist people in crisis situations, and designations are usually for relatively short periods of time and may change frequently.

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How does an application for TPS affect my application for Asylum or other immigration benefits?
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An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa.
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Denial of an application for asylum or any other immigration benefit does not affect an alien’s ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. (For example, an alien who has been convicted of an aggravated felony is not eligible for asylum or TPS.)

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If a person who has been granted TPS has a family or employer-based petition approved on his/her behalf and a priority date that is current, he/she can only adjust status in the United States if he/she entered the United States legally prior to being granted TPS and was in a legal status when he/she was granted TPS. If he/she entered the United States illegally or fell out of a legal status before being granted TPS, he/she will not be eligible to adjust status in the United States.
 
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