TPS IN USA and PR in CANADA

[bikbis]

I just applied for TPS (temporary protected status) in USA and waiting for the approval.

Can I still go for the landing procedure in Canada after applying for TPS ?

Can I use TPS travel document to return back to US, without an issue ?

 

[scylla]

I just applied for TPS (temporary protected status) in USA and waiting for the approval.

Can I still go for the landing procedure in Canada after applying for TPS ?

Can I use TPS travel document to return back to US, without an issue ?

No - you can't.

You're going to have to decide between keeping your TPS status in the US and landing and becoming a PR of Canada. By landing in Canada, you'll be showing the US that your life is no longer in danger since you can now live in Canada and TPS status in the US is no longer required. As soon as you file the advance parole paperwork (which is required to leave and re-enter the US) - you'll need to say in that application why you want to travel out of the US and will have to declare that you are going to Canada to land and become a PR. The US will then revoke your TPS status since you can now easily live in Canada and no longer require their protection. Don't even think about lying about your reasons for coming to Canada. US immigration will know immediately when you try to reenter the country why you were in Canada and will deny you entry (and possibly also slap you with some sort of ban).

So it's time for you to either pick Canada or the US. You can't have both.

 

[nishant322]

I think you are wrong. TPS is a temporary protected status not because his life is danger but because the country in question is not able to adequately handle the return of it's citizens because of natural disaster or other instabilities. Also you can apply for the Advance Parole based on TPS and there is no such restriction that you cannot travel outside the United States, rather being able to travel outside the united states is one of the benefits of TPS.

I don't think there will be any trouble for you to come back after doing the landing formalities. Please note that I am not a lawyer, but have put my views based on my knowledge. If you are in doubt please consult with an experienced US immigration attorney before you make any decisions.

Thanks

No - you can't.

You're going to have to decide between keeping your TPS status in the US and landing and becoming a PR of Canada. By landing in Canada, you'll be showing the US that your life is no longer in danger since you can now live in Canada and TPS status in the US is no longer required. As soon as you file the advance parole paperwork (which is required to leave and re-enter the US) - you'll need to say in that application why you want to travel out of the US and will have to declare that you are going to Canada to land and become a PR. The US will then revoke your TPS status since you can now easily live in Canada and no longer require their protection. Don't even think about lying about your reasons for coming to Canada. US immigration will know immediately when you try to reenter the country why you were in Canada and will deny you entry (and possibly also slap you with some sort of ban).

So it's time for you to either pick Canada or the US. You can't have both.

 

[bikbis]

Thanks for the input guys,

I am not sure who is correct, I know TPS is based in the situation of the native country, I think I should be okay doing my landing after the TPS as well but would consult the lawyer and update you all the same.

 

[LightPhoenix]

You can't have TPS after landing in Canada. One of the conditions of keeping TPS is that the person is not subject to any of the mandatory bars on asylum, one of which is the "Firm Resettlement Bar", meaning that that you have permanent residency or citizenship in a country were you are not prosecuted (Even though you don't have to show prosecution for TPS, the bar applies according to the law). The only exceptions to that bar are if you only traveled to that country "before" entering the US fleeing your home country and did not establish ties, or if the conditions in that country restrict your liberty or freedom in any way (Of course that does not apply to Canada). By voluntarily traveling from the US to another safe country were you have an offer of permanent residency you lose your TPS in the US.

 

[kriti208]

Thanks for the input guys,

I am not sure who is correct, I know TPS is based in the situation of the native country, I think I should be okay doing my landing after the TPS as well but would consult the lawyer and update you all the same.

Hi!
How was your landing process. I am also on the same boat. I have TPS but i have a valid F1 status as well. I need to go for my landing and i am scared if they will revoke my TPS after my return. Please share your experience.