Options for People Holding Temporary Protected Status (TPS) to Adjust Status

Temporary Protected Status (TPS) was granted to foreign nationals from particular countries that the U.S. Government has determined certain conditions exist that are not safe for the foreign national to return. If an individual has TPS, he or she is safe from removal, may receive an employment authorization document, and may be granted travel authorization.

Fortunately, if you have TPS now and living in certain states*, you may be eligible to file an adjustment of status application to become a lawful permanent resident of the

U.S. These states are as follows: Ohio, Tennessee, Michigan, Kentucky, California, Arizona, Nevada, Idaho, Montana, Washington, Oregon, Alaska, and Hawaii.

In order to be eligible, you must be a beneficiary of an approved qualifying petition. For example, a qualifying petition may be a family petition where an immigrant visa is immediately available, i.e. U.S. Citizen applied for a spouse, minor child, or parent. Further, as of the date of this article, there are visas

immediately available for Lawful Permanent Residents applying for his or her spouse and minor child. Of course, as with all immigration statutes, laws, rules, regulations, and policies, a careful legal analysis must be undertaken of a TPS holder’s case before filing for adjustment of status to gain U.S. residency. Exceptions and particular circumstances may exist which will prevent, or make it unadvisable, for a TPS Holder to file for adjustment of status. It is very important you seek legal advice from an attorney who is well-versed in immigration law.

*The courts in the Sixth and Ninth Circuit recognized TPS holders as being admitted and inspected. Flores v. USCIS, 718 F. 3d 548; Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017).