Changes in Visa Status: From F-1 to TPS
Many individuals who come to the United States with an F-1 visa, typically for educational purposes, often find themselves in a situation where their visa status needs to be adjusted due to certain circumstances. One such individual with an F-1 visa who completed their degree and subsequently obtained Temporary Protected Status (TPS) now faces inquiries about whether they can further adjust their status.
Understanding the F-1 to TPS Transition
The scenario you mentioned pertains to someone who initially entered the United States with an F-1 visa, implying a pursuit of a degree at a U.S. educational institution. Upon completion of the degree, this person likely applied for an Optional Practical Training (OPT) extension, which is an employment period that allows the F-1 visa holder to work in a field related to their degree for a defined period, typically 12 to 24 months. However, this individual’s OPT has already expired if it occurred in July 2020. Subsequently, the person applied for TPS (Temporary Protected Status) following the completion of their degree and subsequently obtained TPS approval in February 2021.
Adjusting Visa Status: Possibilities and Constraints
Given the unique sequence of events described, it is necessary to explore whether this person can further adjust their status based on their current TPS status.
Yes, it is possible to apply for a change of status under certain conditions. However, it is essential to recognize that the U.S. Department of Homeland Security (DHS) requires the adjustment of status to be within the visa categories provided. Therefore, an individual who originally held an F-1 visa and is now in TPS can apply for a change of status, but the new status must fall under the categories permitted by the TPS designation.
TPS is a humanitarian program for nationals of certain countries facing specific conditions such as environmental disasters, armed conflicts, or other extraordinary conditions. TPS designations are granted through formal DHS notice, and while TPS recipients can obtain employment authorization under EAD (Employment Authorization Document), it does not automatically offer further permission to change status.
Steps to Consider for Status Adjustment
Below are the steps and considerations to follow if an individual with F-1 status who has been granted TPS seeks to change their status:
Review the TPS Designation Letter: Check the conditions under which TPS was granted and the potential for further action. TPS designations typically specify whether the individual is eligible for an extension of status or another form of status adjustment. Consult an Immigration Attorney: Given the complexities of immigration law, it is highly recommended to consult with an experienced immigration attorney who can provide specific advice and guide the process. This professional can help identify any potential obstacles and optimize the likelihood of success. Application Process: The next step is to file the appropriate application, which may include USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) or other relevant forms depending on the desired change of status. It is crucial to submit the application along with all required documentation to avoid delays and potential denials. Prepare for Interviews and Visa Processing: Depending on the circumstances, an interview with an immigration officer or consular processing may be required. Proper preparation is essential to ensure all questions are answered accurately and to present a compelling case for the desired status change.Conclusion
In conclusion, while it is possible to apply for a change of status from F-1 to TPS, the process can be complex and should ideally be managed with the assistance of a qualified immigration attorney. Understanding the specific eligibility criteria and the steps involved in the application process are crucial to achieving a positive outcome. Remember that timely action and thorough preparation can significantly improve the chances of a successful status adjustment.