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What is TPS status? Learn about Temporary Protected Status and filing Form I-821, including ways TPS status could indirectly lead to a green card.
Temporary Protected Status (TPS) allows foreign nationals who meet all eligibility requirements to live and work in the United States with an approved Form I-821, Application for Temporary Protected Status. TPS is a form of humanitarian relief.
Many Americans confuse this status with undocumented immigration instead of asking, “What is TPS status?” TPS is a legal, documented status in the United States.
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TPS provisions were added to the Immigration Act of 1990 by Congress to provide temporary immigration relief to eligible, non-dangerous foreign nationals from countries with this status designation. Countries can be designated TPS nations when they experience dangerous conditions due to armed conflicts, natural disasters, or other extraordinary conditions.
Nations are given this designation by the Secretary of the Department of Homeland Security (DHS) at their discretion. The designation remains until DHS determines that it is safe for the displaced foreign nationals to return.
TPS is a federally recognized, documented status for which eligible foreign nationals can apply by filing Form I-821, Application for Temporary Protected Status with U.S. Citizenship and Immigration Services (USCIS). Foreign nationals of designated countries can also be granted TPS by the Board of Immigration Appeals (BIA) or an immigration judge.
USCIS handles most TPS applications by processing Form I-821. This agency can grant TPS to foreign nationals already in the United States.
To be eligible for TPS, a foreign national must either be a citizen of a TPS designated country or they must have just previously lived in a country with TPS designation and have no nationality. To be eligible, the foreign national must also meet many other requirements including:
Humanitarian relief is granted with TPS and affords many benefits.
Many people ask about the TPS to green card pathway, but it’s important to realize that TPS won’t directly lead to a green card. The good news for our clients with TPS (or pending Form I-821s) is that TPS won’t prevent them from seeking a green card through other pathways.
Sometimes, nonimmigrant visitors to the United States can get into a lot of trouble if they try to get a green card while in the United States with a nonimmigrant status. Even though it’s a temporary status, a migrant with TPS can become Lawful Permanent Resident (LPR) if they are eligible for a green card in another way. So, it’s not unreasonable to ask, “What is TPS status adjustment?”
Given that people with TPS are already in the U.S., no matter what method they use to become eligible for a green card, they will complete the process using Adjustment of Status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows foreign nationals to apply for a green card while already living in the United States once they become eligible. Let’s look at some of the ways people with TPS could become eligible for a green card.
If you are in the country with TPS and your immigration attorney suggests that you can apply for asylum status, you should seriously consider it. Asylees are eligible to apply for a green card one year after being granted asylum.
Since many countries are designated for TPS based on extreme social conditions and volatile political upheaval, many foreign nationals from TPS countries could be eligible to apply for asylum.
To qualify for asylum, you must believe that you would be persecuted if you were to return to your former home due to one of the following:
To apply for asylum, your immigration attorney will help you file Form I-589, Application for Asylum and for Withholding of Removal. One year after being granted asylum, your immigration attorney can help you file for an Adjustment of Status using Form I-485.
An approved Form I-821 makes you eligible for a work permit, also called an Employment Authorization Document (EAD). If you do well, your U.S. employer may want to hire you permanently. If they do, they can apply for a permanent labor certification from the Department of Labor (DOL).
With an approved permanent labor certification, your employer can sponsor an employment-based immigrant visa petition on your behalf by filing Form I-140, Immigrant Petition for Alien Workers. If your employer’s employment-based immigrant visa petition is approved, you can apply for a green card using Adjustment of Status by filing Form I-485.
In some special situations, you may even be able to sponsor your own employment-based immigrant visa.
While in the country on TPS, you will be surrounded by U.S. citizens and green card holders. If you marry a citizen or LPR while in the United States, your spouse can petition for an immigrant visa as an immediate relative using form I-130, Petition for an Alien Relative.
Once approved, your immigration attorney can help you file for an Adjustment of Status using Form I-485.
If you become a victim of a serious crime while in the United States, you may qualify for U nonimmigrant status if you have been or are likely to be helpful to law enforcement while they investigate and prosecute the case. This is true even if you are in the U.S. through TPS.
There are several requirements for U nonimmigrant status, but a skilled immigration attorney can submit a Form I-918, Petition for U Nonimmigrant Status along with a Form 1-918, Supplement B, U Nonimmigrant Status Certification provided by law enforcement on your behalf to apply for this status.
Three years after receiving U nonimmigrant status, you may be eligible to apply for a green card using Adjustment of Status by filing Form I-485.
Other pathways may exist that could open doors for you to apply for a green card if you are in the U.S. because you were granted TPS.
If you are seeking TPS or if your Form I-821 has already been approved and you would like to find solution that would allow you to become an LPR, please contact Din Law Group today.
At Din Law Group, PLLC, our practice is exclusively dedicated to immigration law. We have extensive experience assisting our clients with complex issues related to family-based immigration, asylum, naturalization, immigration bond hearings, and removal defense.
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