When a Person With TPS May Seek a Green Card

To understand who qualifies for a Green Card With TPS, you first need to determine whether the person has an independent immigration pathway that allows them to apply for a Green Card. TPS by itself does not grant lawful permanent residence.

Among the most important factors are how the person entered the United States, whether there is a family-based or employment-based petition, admissibility, and whether the process can be completed through adjustment of status or consular processing.

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At Lluis Law, our immigration attorneys can review these factors and determine whether there is a viable path to permanent residence.

Who Can Get a Green Card With TPS?

Having TPS is not enough. A person may have a path to permanent residence when, in addition to TPS, they meet the requirements of an independent immigration category.

Some of the most common situations include:

• Having a spouse, parent, child, or other eligible relative who can file a petition.
• Having an employment-based petition or employment-based immigration category.
• Being eligible for asylum, VAWA, or another humanitarian or immigration category that may provide an independent path to permanent residence.
• Meeting the requirements to adjust status.
• Being able to complete consular processing when adjustment of status in the United States is not possible.

In all of these situations, TPS and permanent residence are separate immigration benefits. TPS may allow a person to remain temporarily protected, but a Green Card requires its own legal basis.

Does TPS Lead Directly to a Green Card?

TPS is a temporary immigration protection and does not, by itself, create a direct path to lawful permanent residence.

USCIS explains that a person with TPS may apply for other immigration benefits if they meet the applicable requirements. You can also review how TPS works in the United States to understand what protection it provides and its limitations.

This means a person may maintain TPS while separately pursuing a case that could eventually allow them to obtain a Green Card.

When Is Adjustment of Status With TPS Possible?

Adjustment of status with TPS may be possible when the person has an immigration category that allows them to apply for permanent residence and also meets the general requirements for adjusting immigration status.

Among other factors, it is generally necessary to review:

• Whether there is a valid petition or immigration category.
• Whether an immigrant visa is available, when required.
• How the person originally entered the United States. For example, with a tourist or business visa, an F-1 student visa, a work visa, or through parole.
• Whether the person was inspected and admitted or received parole, unless an applicable exception exists.
• Whether any grounds of inadmissibility apply.
• Whether any bar to adjustment of status affects the case.

The Department of Justice summarizes similar requirements for adjustment under INA 245, including an approved petition when required, visa availability, and admissibility. 

You can also review the specific situation for TPS for Venezuelans in Los Angeles and TPS for Hondurans in Los Angeles.

Does Having TPS Count as a Lawful Entry?

Not necessarily. Having TPS does not, by itself, turn an entry without inspection into a lawful admission for adjustment of status purposes.

In Sanchez v. Mayorkas, the Supreme Court held that a grant of TPS does not automatically constitute an admission under INA 245(a).

For that reason, it is important to review:

• How the person originally entered the United States.
• Whether the person was inspected and admitted or received parole.
• Whether the person later traveled with TPS-related travel authorization, including the travel document for TPS beneficiaries (Form I-512T).
• What happened when the person returned to the United States.
• Whether the person meets the other requirements for adjustment of status.

In some cases, a later authorized entry may be relevant to adjustment of status. However, traveling outside the U.S. may also have immigration consequences, especially when a person has certain immigration history issues.

Can a Family Petition With TPS Lead to a Green Card?

A family-based petition for a person with TPS may provide a path to permanent residence when there is a family relationship recognized under U.S. immigration law.

For example, options may be available through:

• Marriage to a U.S. citizen.
• A petition filed by a U.S. citizen child for certain parents.
• Other family-based categories available to U.S. citizens or lawful permanent residents.

The Department of State confirms that U.S. citizens and lawful permanent residents may file petitions for certain relatives, although the categories and timelines depend on the family relationship. 

You can review our guide to family-based immigration and Green Cards.

Does Filing Form I-130 Eliminate Previous Immigration Problems?

No. An approved I-130 petition does not grant immigration status or automatically resolve previous immigration problems.

After approval, several issues still need to be reviewed, including:

• How the person entered the United States.
• Whether the person can adjust status.
• Whether any ground of inadmissibility applies.
• Whether the person must complete the case through the NVC and consular processing.

Form I-130 is used to establish the qualifying family relationship, but it does not guarantee permanent residence by itself. For more information, review our guide on how to fill out Form I-130.

Marriage-Based Green Card for People With TPS

A person with TPS may pursue a marriage-based Green Card if they meet the requirements for that family-based immigration pathway. Having TPS does not eliminate the requirements for adjustment of status.

Before applying for a Green Card, it is important to review:

• How the person entered the United States.
• Whether the person can adjust status in the United States.
• Whether any ground of inadmissibility applies.
• Whether any immigration history may affect the case.
• Whether the marriage meets the legal requirements.

Our guide to a marriage-based Green Card explains this process in greater detail.

Can a U.S. Citizen Child Petition for a Parent Who Has TPS?

A U.S. citizen who is 21 years of age or older may file a petition for a parent, even if that parent has TPS.

However, to obtain permanent residence, the following still need to be reviewed:

• How the parent entered the United States.
• Whether the parent can adjust status in the United States.
• Whether any grounds of inadmissibility apply.
• Whether any immigration history may affect the case.

A family petition does not guarantee a Green Card by itself. You can review the requirements for petitioning for a parent to live permanently in the United States.

Can You Get a Green Card Through Employment if You Have TPS?

It may be possible to obtain permanent residence through an employment-based category, such as:

• EB-1: For certain people with extraordinary ability, researchers, professors, or executives.
• EB-2: For professionals with advanced degrees or exceptional ability.
• EB-3: For certain professional, skilled, or other workers.

Depending on the category, a sponsoring employer may be required. However, some pathways allow self-petitioning, such as certain EB-1A cases or EB-2 cases with a National Interest Waiver (NIW).

Having TPS by itself does not guarantee an employment-based Green Card, so it is necessary to review:

• Whether the person meets the requirements of the applicable category.
• Whether an immigrant visa is available.
• The person’s immigration history.
• Whether the person can adjust status in the United States.

What Happens if You Cannot Adjust Status in the United States?

Having an approved petition does not automatically mean a person can complete the permanent residence process through adjustment of status in the United States.

If adjustment of status is not possible, consular processing may need to be considered. Before leaving the United States, it is important to review:

• Whether the person accrued unlawful presence before obtaining TPS.
• Whether any ground of inadmissibility applies.
• Whether departure could trigger a reentry bar.
• Whether an immigration waiver may be required.

TPS does not automatically erase unlawful presence accrued before TPS was granted. For that reason, leaving the United States without first reviewing these consequences can complicate the process.

What Should a Person With TPS Review Before Applying for a Green Card?

Before starting an application, it is important to review:

• How the person first entered the United States.
• Whether the person later had another admission or received parole.
• How long the person has had TPS.
• Whether there is a family-based petition, employment-based petition, or another immigration basis.
• Whether a visa is available when required by the category.
• Whether the person accrued unlawful presence before obtaining TPS.
• Whether the person has a removal order or proceedings before an immigration court.
• Whether there is a criminal record or any grounds of inadmissibility.
• Whether the case can be completed through adjustment of status or will require consular processing.

This analysis is important because two people with TPS may have completely different outcomes even if they are beneficiaries of the same TPS designation.

To understand the possible consequences and which options to review, see what happens if TPS ends in California.

What Happens if TPS Ends While You Are Pursuing a Green Card?

What happens with TPS depends on each country’s designation. This is because DHS may:

• Extend TPS.
• Redesignate the country.
• Terminate the protection.

Court decisions may also affect certain designations. If TPS ends, each person’s situation will depend on factors such as:

• The immigration status the person had before TPS.
• Whether that status remains valid.
• Whether the person obtained another immigration status while they had TPS.
• Whether the person has another pathway to remain lawfully in the United States.

If no other protection or valid status exists, the person may be left without lawful immigration status and may be subject to removal proceedings.

To better understand what an extension means, you can review our guide to TPS extensions in California.

Frequently Asked Questions About TPS and Permanent Residence

Can I Get Permanent Residence if I Have TPS?

It may be possible if you have another legal basis for obtaining a Green Card and meet the applicable requirements. Having TPS by itself does not grant permanent residence.

What Is the Difference Between TPS and a Green Card?

TPS is a temporary immigration protection tied to the designation of certain countries. A Green Card grants lawful permanent resident status and does not depend on whether a TPS designation remains in effect.

Who Qualifies for TPS?

Eligibility depends on each country’s specific designation, the residence and physical presence dates established by the government, and other immigration requirements.

If you have already filed an application, you can also review how long TPS takes to be approved.

Can a Person Lose TPS While Pursuing Permanent Residence?

Having a family-based petition, employment-based petition, or another path to a Green Card does not guarantee that TPS will remain in effect.

A person may lose eligibility for TPS for several reasons, including certain criminal convictions. For example, a conviction for a felony or two or more misdemeanors committed in the United States may make a person ineligible to maintain this immigration protection.

Can a Person With TPS Get a Green Card?

They may be able to do so if they meet the requirements of an immigration category that leads to a Green Card. The key factors are not simply whether the person has TPS, but also the available immigration basis, manner of entry, admissibility, and individual immigration history.

Attorneys for Reviewing Green Card Options With TPS

Having TPS does not prevent a person from pursuing permanent residence, but it also does not mean they can apply for it automatically.

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At Lluis Law, we can review how you entered the United States, any family-based or employment-based petition, your immigration history, and determine whether there is a path to apply for permanent residence in the United States or through consular processing.