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Topic1 I am under TPS but want a green card

I am under TPS but want a green card

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 dont like what he did because now Im 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=9c8aa6c515083210VgnVCM100000082ca60aRCR D&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca6 0aRCRD
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 isnt 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 didnt 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?

I just told my father that and he isnt 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 cant 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 cant talk to him I feel like an immigration specialist or officer who has to talk to him because he thinks what I dont 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 isnt a USC she only has a green card

I just told my father that and he isnt 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... Well he is partially right; he can file papers for you and you can get a green card from it, but youll 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 dont think it does).

Anyway, the good news is that the TPS keeps you in legal status for a while. So for now you wont 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 cant let him know that is why youre 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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