What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a humanitarian nonimmigration program that protects individuals from certain countries facing crises like war, natural disasters, or other extraordinary conditions.

It allows immigrants from specific nations to temporarily stay and work in the U.S. without fear of deportation. However, this does not directly allow immigrants to adjust their status from TPS to green card. TPS holders must find another way to a green card (we’ve outlined some options below).

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TPS Status Eligibility

Those looking to apply for TPS must meet the following eligibility criteria:

Be a national of the foreign country with a TPS designation (or if a refugee, last resided in a country with a TPS designation)
Have physical presence in the U.S. since the effective date of the most recent designation
Have continuously resided in the U.S. since the date specified for your country
Not be inadmissible or barred from asylum in the U.S. for criminal or national security-related reasons

TPS Application Process

Determine Eligibility: Before applying, confirm that you meet the eligibility requirements for Temporary Protected Status (TPS). This includes being a national of a designated country and meeting specific residency and continuous physical presence criteria in the United States.

Complete the Application Form: Fill out Form I-821, Application for Temporary Protected Status. Be sure to complete all sections thoroughly and accurately to avoid processing delays.

Submit Supporting Documentation: Along with Form I-821, submit any supporting documents that demonstrate you meet the TPS requirements. This may include documents to prove your identity, nationality, and eligibility, such as a copy of your passport, birth certificate, evidence of income, employment records, school records, and any documents proving your presence in the U.S.
Pay the TPS Filing Fee: Include the appropriate TPS filing fees for processing your application. Fee waivers may be available for those facing financial hardships. Check the official USCIS website for the current fee schedule and waiver options.
Biometric Services Appointment: If required, attend a biometric services appointment to provide fingerprints, photographs, and signatures for identity verification purposes.
Wait for a Decision: Once your application is submitted, wait for a notice from U.S. Citizenship and Immigration Services (USCIS) regarding the status of your TPS application. You will be notified of approval, the need for additional information, or denial of your application.
Renewal of TPS: If approved, ensure to monitor the expiration date of your TPS status and apply for renewal as needed, adhering to the deadlines set by USCIS.

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Common Paths to Adjust Status from TPS to Green Card

Family-Based Petition: If during your time as a TPS holder, you marry a U.S. citizen or green card holder, or a family member becomes a U.S. citizen, you may be able to adjust your status to a green card. Immediate relatives, such as a spouse, parent, or child over 21 who is a U.S. citizen, usually have a more straightforward path.

Employment-Based Petition: Holders of TPS may become eligible for a green card through employer sponsorship if they have a qualifying job offer. This process often involves the employer obtaining labor certification and filing an employment-based immigrant petition.

Diversity Visa Lottery: Each year, the Diversity Visa lottery offers another potential path for adjusting status. TPS holders from eligible countries can enter the lottery for a chance to apply for a green card.

Asylum: If you are eligible for asylum, you might adjust your status after having asylum status for a specific period.

Special Immigrant Juvenile Status (SIJS): Certain TPS holders under 21 who have been abused, neglected, or abandoned might apply for SIJS, leading to a potential path for a green card.

U Visa: If you have been a victim of a crime in the U.S. and assisted law enforcement, you might be eligible for a U visa and eventually adjust your status to a green card.

Keep in mind that each case is unique, and eligibility for adjustment of status from TPS to a green card depends on various factors. Consult with an immigration attorney before making any decisions about adjusting your status.

Schedule a TPS Consultation with Kaur Law

TPS offers many immigrants essential protection and opportunities. Obtaining TPS status or transitioning from TPS to green card status can be challenging.

Kaur Law is here to guide you every step of the way. Our experienced attorneys provide advice tailored to your unique situation. Whether you need help with eligibility assessment, application preparation, or exploring pathways to permanent residency, we are dedicated to offering the best legal support possible. Schedule a consultation with Kaur Law today to discuss your TPS status and take the next step towards securing your future in the United States.

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