How can a TPS beneficiary seek permanent residence in the United States?

The US announces the extension of TPS for Venezuelans 1:02

(CNN Spanish) --

Beneficiaries of Temporary Protected Status (TPS) in the United States can once again access a process that could allow them to adjust their immigration status and achieve permanent residence in the country.

While TPS does not as such provide a designated path to lawful permanent resident (LPR) status, beneficiaries may acquire nonimmigrant or immigrant status, as long as they meet the requirements.

• Biden administration extends TPS for Venezuelans

In early July 2022, the United States Citizenship and Immigration Service (USCIS) announced that it is updating its policies to determine the appropriate travel authorization mechanism for TPS beneficiaries.

And, in that sense, how the trip or departure from the country could affect your eligibility for adjustment of status.

So as of July 1, beneficiaries who present

or TPS travel authorization (a Form I-512T, formerly Form I-13) upon reentry into the US. They will be "inspected and admitted" to adjust their status.

"That entry is considered a legal entry, and if you have a citizen spouse or citizen children over 21 years of age, that person can apply and ask for residency in here [in the United States] without having to leave the country and obtain the residency," Noemí G. Ramírez, an immigration attorney, told CNN.

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In short:

a TPS beneficiary who leaves the United States with the respective travel authorization will be legally admitted even if he or she previously entered and remained illegally.

This is how re-entry under a TPS travel authorization would allow the beneficiary to adjust their status and apply for legal residence, also known as a green card.

Previously, when a TPS beneficiary returned to the United States with a travel authorization, he or she was granted the

same status it had at the time of leaving.

According to attorney Ramírez, a person can individually fill out the TPS travel application, which costs US$575. However, Ramírez recommends seeking professional advice, either with an immigration attorney or with nonprofit organizations. profit.

"At a minimum, my advice would be to get the advice, to make sure that they do qualify and that they are not going to have any problem being able to return to the United States," she said.

However, this path to citizenship does not apply to all TPS beneficiaries, more than 350,000, since to obtain permanent residence you need to be eligible for an adjustment of status, and this eligibility may vary depending on the category of the application.

You can check the categories of eligibility for permanent residence on the USCIS website.

Temporary Protected Status TPS