Can I Get a Green Card from Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a humanitarian program that offers temporary relief to individuals from certain countries affected by conflict, natural disasters, or other extraordinary conditions. While TPS provides protection from deportation and authorization to work, it does not directly lead to a green card or lawful permanent residency. However, under certain circumstances, individuals with TPS may be eligible to apply for a green card. Here’s how this works:

What is TPS?

TPS is a temporary immigration status granted to nationals of specific countries experiencing conditions that temporarily prevent them from returning safely. This could be due to armed conflict, environmental disasters, or other temporary conditions. TPS does not provide a direct path to permanent residency, but it does allow recipients to remain in the U.S. and work legally while their home country’s status is designated under TPS.

Key Benefits of TPS:

• Protection from deportation while the country’s TPS designation remains in effect
• Employment authorization (work permit)
• The ability to apply for travel authorization

Green Card Eligibility with TPS

While TPS alone does not grant a green card, TPS holders may be able to apply for lawful permanent residency (LPR) if they qualify under existing immigration laws. Here are some pathways that TPS holders may pursue:

1. Adjustment of Status through Family or Employment-Based Sponsorship

If a TPS holder is eligible for a green card through family-based or employment-based sponsorship, they may be able to apply for adjustment of status to obtain a green card.

• Family Sponsorship: TPS holders married to U.S. citizens or those with other qualifying immediate relatives (such as a U.S. citizen child over the age of 21) may be eligible to apply for a green card.
• Employment Sponsorship: If an employer is willing to sponsor the TPS holder for a green card, and the individual is otherwise eligible, this can be a viable path.

Important Consideration: “Admission” Requirement

To adjust status, applicants must typically have been “admitted” or entered the U.S. lawfully. TPS holders who initially entered without inspection (i.e., unlawfully) might face challenges in meeting this requirement. However, certain court rulings, such as the 6th and 9th Circuit Court decisions, have allowed TPS holders to be considered as having been lawfully admitted under specific circumstances. This issue is complex and varies depending on jurisdiction, so it is critical to consult with an immigration attorney.

2. Advance Parole and Lawful Entry

One strategy for TPS holders is to apply for Advance Parole, which allows them to leave and re-enter the U.S. lawfully. Upon returning, they may be considered as having made a lawful entry, which could make them eligible to adjust status to a green card holder through family-based or employment-based petitions.

Steps for Advance Parole:

• Apply for Advance Parole while in TPS status.
• Travel abroad and re-enter the U.S. under Advance Parole.
• Apply for adjustment of status based on an approved family or employment-based petition.

However, traveling on Advance Parole carries some risks. If the TPS designation is removed while the individual is outside the U.S., re-entry might be complicated.

3. Asylum, Special Immigrant Juvenile Status (SIJS), or Other Humanitarian Protections

TPS holders may also be eligible for other forms of humanitarian relief that provide a path to a green card:

• Asylum: If the TPS holder fears persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group, they may be eligible to apply for asylum. If granted, asylum can lead to a green card after one year.
• Special Immigrant Juvenile Status (SIJS): For minors who have been abused, neglected, or abandoned by one or both parents, SIJS provides a pathway to lawful permanent residency.

Important Challenges for TPS Holders

1. Unlawful Entry

TPS holders who entered the U.S. unlawfully and who do not benefit from a ruling in their jurisdiction regarding TPS as an “admission” may face barriers to adjusting status without leaving the country. In such cases, leaving the U.S. to consular process could trigger a bar to re-entry, particularly if they accrued unlawful presence before being granted TPS.

2. Removal of TPS Designation

TPS is a temporary status, and the Department of Homeland Security (DHS) periodically reviews and redesignates countries. If the TPS designation for a country is terminated, TPS holders may lose their protection from deportation and work authorization. If a TPS holder has not secured another form of legal status by the time of termination, they could be at risk of removal from the U.S.

Conclusion: Pathways Exist, But They Are Complex

While TPS does not automatically lead to a green card, certain legal options may be available for those who meet specific criteria. Family-based petitions, employment-based sponsorships, Advance Parole, and other humanitarian protections can potentially provide a route to lawful permanent residency for TPS holders.

However, the legal landscape is complex, and eligibility often depends on individual circumstances, as well as jurisdictional differences in how TPS is treated. For TPS holders considering their options, consulting with an experienced immigration attorney is essential to understand the best path forward.

Need Legal Help?

If you’re a TPS holder wondering whether you qualify for a green card, KAZA Law’s experienced immigration attorneys can help you assess your options and guide you through the process. Contact us today for a consultation.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we explored the pathways available for Temporary Protected Status (TPS) holders to obtain a green card, including family or employment sponsorship, Advance Parole, and other humanitarian protections. If you’re a TPS holder looking to understand your options for permanent residency or have any other immigration-related questions, feel free to schedule a free consultation by clicking this link.