Q: Husband is applying for O1: Should I apply for O3 (without possibility of being employed) or apply for TPS?
Husband and I are from Cameroon. We are currently on J1 (him) and J2 (myself) visas. He got an offer for a new job that is sponsoring his O1 visa. I would be getting an O3. We will be filing the O1/O3 visa applications by end of November 2023. Meanwhile TPS has been extended till June 2025 for our country. With TPS I will be eligible for EAD. I can hold both TPS and O3 together but will no be able to work due to O3 restrictions.
Question:
1. Should I apply for TPS only without O3 so I can have an EAD?
2. If TPS expires before the end of his O1, will I be able to apply for O3 when TPS expires if I do not apply now?
3. Will applying for TPS and not O3 compromise our application for green card (EB2) if I have TPS status instead of O3 dependent status?
Thanks in advance.
A:
Deciding between TPS (Temporary Protected Status) and an O-3 visa depends on your immediate needs and long-term plans. TPS allows you to work in the U.S. with an Employment Authorization Document (EAD), but it is temporary and dependent on the continued designation of Cameroon for TPS.
If you choose TPS now for its work authorization, you can later apply for an O-3 visa if TPS expires and your husband's O-1 status is still valid. Transitioning from TPS to O-3 status is generally feasible, provided you meet the O-3 visa requirements at the time of application.
Applying for TPS instead of an O-3 visa should not, in itself, compromise your future green card application under the EB-2 category. U.S. immigration law typically allows for the adjustment of status from TPS to a green card, provided all other eligibility criteria are met and there are no disqualifying factors.
It’s important to carefully consider your need for employment authorization against the stability offered by the O-3 status. If working is a priority, TPS may be the better initial choice. However, keep in mind the temporary nature of TPS and the need for potential status changes in the future.
Given the complexity of immigration decisions, it may be beneficial to consult with an immigration attorney. They can provide personalized advice taking into account your specific situation and future immigration plans.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
