I have TPS,Can I get a Green Card through my dad who is a US citizen?

Immigration 3 views 4 answers
I am 25 years old, I currently have TPS, I entered the US Legally with a Visitor Visa, it expired in 2005, I over stayed and was living in the US without status until 2011(I believe) when TPS was granted to HAITIANS. My father now is a US CITIZEN, am I able to adjust status and get a Green Card through him? Thank you

Attorney Answers

4
F Capriotti 2793192.Html ·
Yes, you appear to have met the 'admission' requriement of a fairly recent case: https://cliniclegal.org/resources/articles-clinic/sixth-circuit-finds-tps-creates-eligibility-adjustment-under-section-245a Meet with a lawyer before filing any papers.
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Jeffrey Devore ·
Generally speaking, based upon the facts you have presented and assuming that your father has petitioned for you and your priority date is current, it appears that you are eligible for adjustment of status. Consult with an experienced immigration attorney who can review your specific situation and recommend an appropriate course of action.
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Geraldine Escalante 4586436.Html ·
Based on the facts given above it seems like yes you could adjust status if your father petitions for you (because you entered with that visitors visa that expired). I would strongly suggest you speak to an immigration attorney in your area.
0 upvotes
K. V. JairamImmigration AttorneyWest Palm Beach, FL ·
You can lawfully adjust status if you were inspected, admitted or paroled if you are the immediate relative of a US citizen. As a TPS holder you may be able to adjust your status based on the facts you have stated but you should consult with an attorney before you do anything.
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