News & Insights

Pathways for TPS Holders to Apply for a Green Card

Adjustment of Status Through a Family-Based Petition

• If a TPS holder is married to a U.S. citizen or has another qualifying relative (e.g., a U.S. citizen child over 21 years old), they may apply for a green card via Form I-485 (Application to Register Permanent Residence or Adjust Status) if they meet all eligibility criteria.
• A key factor is whether the TPS holder is considered to have “lawful admission” for adjustment of status purposes. In some circuits, TPS is considered an “admission,” allowing eligible individuals to adjust status if they meet other criteria.

(See Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), and similar cases for more details.)

Adjustment of Status Through Employment-Based Petitions

• TPS holders with approved employment-based immigrant petitions (e.g., Form I-140) can apply for adjustment of status if they are considered “admitted” or “paroled” and meet other eligibility requirements.

Advance Parole and Re-Entry

• Some TPS holders travel abroad using Advance Parole (Form I-131) and re-enter the U.S. with a lawful entry. This lawful re-entry can make them eligible for adjustment of status in certain cases.

Special Considerations for Humanitarian Pathways

• TPS holders may apply for adjustment of status under programs such as asylum, the Violence Against Women Act (VAWA), or other humanitarian avenues if eligible.

Challenges and Considerations

Lawful Status vs. Lawful Admission:

• TPS provides lawful presence but does not inherently count as lawful admission for adjustment purposes unless specified by the jurisdiction.

Removal Orders:

• If a TPS holder is subject to a prior removal order, they may need to resolve this before applying for adjustment of status, often requiring legal counsel.

Impact of Circuit Court Decisions:

• The interpretation of TPS as “admission” varies by jurisdiction. In some areas, TPS holders can adjust status directly if otherwise eligible. Check the legal precedent in your federal circuit.

No Automatic Green Card Pathway:

• TPS itself does not guarantee eligibility for a green card. A qualifying petition (family, employment, or other) is necessary.

Conclusion

A TPS holder can apply for a green card if they meet the eligibility criteria under U.S. immigration laws, often involving family or employment sponsorship or traveling on advance parole to re-enter lawfully. It is crucial to consult an experienced immigration attorney to navigate the process, especially since laws and court interpretations can vary by jurisdiction.

Authoritative Sources:

• USCIS: Temporary Protected Status (TPS)
• INA § 244 – Temporary Protected Status
• USCIS: Adjustment of Status