Temporary Protected Status (TPS) Adjustment of Status

The Immigration Act of 1990 empowers the Department of Homeland Security (DHS) to declare a foreign country to have Temporary Protected Status (TPS) in the U.S.

The U.S. Immigration Council reports that as of February 2022, there were approximately 354,625 people with TPS living in the United States. Many countries are granted TPS status in response to ongoing armed conflict, environmental disasters, or extraordinary circumstances which prevent their citizens from returning safely. These include countries such as Afghanistan, El Salvador, and Ukraine. Temporary protection status temporarily halts all removal procedures for those citizens from the U.S. TPS beneficiaries and those deemed preliminarily eligible for TPS based on their initial case reviews (prima facie eligible) during a designated period are:

Allowed to remain in the United States and cannot be removed
Eligible for an employment authorization document (EAD)
Eligible for travel authorization

As a result, a TPS recipient can lawfully remain in the US after committing an immigration violation, like entering the country illegally.

TPS Eligibility for Adjustment of Status Purposes

TPS is a temporary benefit. It does not itself lead to lawful permanent resident status. Nor does it give any other immigration status.

TPS holders are not barred from applying for a green card and adjusting their temporary status to lawful permanent residence (LPR) status. However, in order or them to do so, they need to meet all LPR requirements independently.

TPS holders can adjust their status through family-based or employment-based green card categories. It is important to note that TPS is not equivalent to green card status. In addition to adjusting their status, TPS recipients may also apply for nonimmigrant status or other immigration benefits. However, the applicants must meet all eligibility requirements to be granted any other immigration benefits.

Getting a green card via TPS is much easier than obtaining one through consular processing, which requires applicants to leave the United States. Those who have been granted TPS can apply for an adjustment of status while they are in the United States.

Eligibility For the Temporary Protected Status

Eligibility Requirements

For an applicant to be considered for the TPS program, they must:

Be a national of a designated TPS country. They will also be eligible if they do not have nationality but were last habitually resident in the selected TPS country.
Apply for TPS during the initial open registration or re-registration period. There are late initial filing possibilities whenever there is an extension of the country’s TPS designation
Have maintained a continuous physical presence (CPP) in the U.S. since the most recent designation date of their country.
They have been continuously residing in the U.S. since the date specified for their country. If they have had short, casual, and innocent departures from the U.S., they may still qualify for TPS because they continuously reside in the U.S. Citizenship and Immigration Services (USCIS) determines each case on its merits.

TPS Disqualification

The following factors will disqualify you from eligibility for TPS:

You have two or more misdemeanors or have been convicted of any felony in the U.S.
If you are found to be inadmissible as an immigrant on non-waivable criminal and security-related grounds;
If you qualify for any mandatory bars to asylum, including where you have participated in someone’s persecution, or you have engaged in or incited terrorist activity
If you have failed to meet the continuous physical presence (CPP) and continuous residence (CR) requirements
If you have failed to comply with registration requirements
If once granted TPS, you failed to re-register for TPS, as required, without good cause

How does one adjust the TPS Status to Permanent Residency?

Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of designated countries experiencing problems such as natural disasters, war, or other unsafe conditions that make it unsafe for their nationals to be returned home. Despite its temporary nature, TPS may offer a stepping stone to more permanent immigration solutions, such as a green card (lawful permanent status residency), particularly for undocumented immigrants who have established their lives in the U.S.

This status not only provides temporary relief from deportation but also offers legal authorization to work in the U.S. Given the precarious situations in their home countries and often the lack of similar opportunities in other countries, TPS can be an invaluable lifeline.

Adjusting status from TPS to permanent residency involves several steps, and each individual case may differ depending on the specific circumstances of the TPS holder.

Firstly, to adjust status to permanent resident, the TPS holder must be eligible under an immigrant category, most commonly through a family member or employer who is a U.S. citizen or a lawful permanent resident. The family member or employer must file an immigrant visa petition (Form I-130 or Form I-140) on behalf of the TPS holder.

Once the petition is approved and a visa is available, the TPS holder can apply for adjustment of status using Form I-485, Application to Register Permanent Residence, or Adjust Status. This is where TPS plays a significant role. To adjust status within the United States, the applicant typically needs to have been inspected, admitted, or paroled into the United States. TPS is considered as ‘parole,’ meeting this requirement.

The applicant also needs to be admissible to the U.S. If there are any grounds of inadmissibility, such as certain criminal convictions or immigration violations, these issues must be addressed, potentially with a waiver.

Once the I-485 application is filed, the applicant may be required to attend a biometrics appointment and an interview with USCIS. The USCIS officer will then decide on the application.

Given the complexity of this process and the high stakes involved, it’s a better option to consult with an immigration attorney. They can provide guidance tailored to the specific situation, helping navigate the process, anticipate potential issues, and optimize the chances of a permanent solution.

Do You Need an Attorney to Apply for TPS Adjustment of Status?

The services of an attorney are not required when applying for TPS or adjusting your status. A lawyer, however, is an excellent idea if you are facing deportation or need to appeal your deportation order.

Having a skilled immigration lawyer on your side to represent you in the Immigration Courts in Texas is highly beneficial. It helps level the playing field a bit. Trying to handle court procedures alone before an immigration judge can be challenging and, combined with language difficulties, can leave you at a significant disadvantage.

Prosecutors deal with immigration and deportation issues daily, and an equally experienced attorney will improve your chances of a successful outcome.

Applying for TPS or TPS adjustment of status can also be confusing. A highly skilled immigration attorney in Texas is there to assist and will answer any questions you have so you can submit confidently.

Let Andrew T. Thomas, Attorneys at Law, Help You With Your Immigration Matters

Immigration processes can be complex, and the law changes often. However, our highly skilled immigration lawyers are on standby to assist you with a complete range of citizenship and immigration services for all our clients.

We would be only too pleased to help you to attain the American Dream. If you need to adjust your status, obtain an immigrant visa, or you are facing deportation, we can help.

We know exactly how the forms should be completed and what documents should accompany your submission, and we can help to minimize errors that cause delays. Call us now for a free consultation.

Frequently Asked Questions

How Long Does it Take for USCIS to Approve TPS?

According to the USCIS website, the processing time for:

Form I-821, Application for TPS, is approximately six months
Form I-765, Application for Employment Authorization, is approximately three months
Form I-131, Application for Travel Document, is approximately six months

Can You Get TPS if You Illegally Entered the Country?

Yes, you may apply for TPS even if you entered the United States unlawfully. You will be required to meet all other eligibility criteria. TPS recipients are granted temporary lawful status to be in the U.S. as long as the country’s TPS designation retains its classification.