TPS to Green Card? What Do I Need to Change My Status

TPS to Green Card? What Do I Need to Change My Status

If you have questions about adjusting your status and are a TPS holder, call us today at (619) 746-8879

If you have Temporary Protected Status (TPS) and are wondering how to transition to a Green Card, you’re not alone. Many TPS holders seek a more permanent solution to their immigration status in the US. Fortunately, there are legal pathways available, including employer-sponsored Green Cards and adjustment of status options. This guide will help you understand your options and the steps involved in transforming TPS into lawful permanent residency.

Key Takeaways

• TPS Does Not Automatically Lead to a Green Card – Temporary Protected Status provides protection from deportation and gives work authorization but does not grant lawful permanent residency. TPS holders must find an eligible immigration pathway to obtain a Green Card.
• Employer Sponsorship Can Be a Viable Option – A TPS holder may qualify for a Green Card through employer sponsorship, but this requires a willing employer, labor certification approval, and USCIS petition approval.
• Legal and Policy Changes Impact Eligibility – Recent changes in USCIS policies, such as the Matter of Z-R-Z-C- decision, have affected the ability of TPS holders to adjust their status. Consulting an immigration attorney is crucial to navigating these updates.

Understanding TPS and Its Limitations

Temporary Protected Status (TPS) is granted to individuals from certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. While TPS allows beneficiaries to live and work in the US temporarily, it does not directly lead to a Green Card or citizenship.

To obtain a Green Card, TPS holders must find an alternative legal basis to adjust their status.

Recently, there have been important changes that affect TPS holders, specifically those with Haitian and Venezuelan nationalities. On Feb. 1, 2025, the Secretary of Homeland Security Kristi Noem announced the decision to terminate Temporary Protected Status (TPS) under the 2023 designation for Venezuela, with TPS and related benefits ending on April 7, 2025 [1].

Additionally, on Feb. 20, 2025, Secretary Noem partially vacated the July 1, 2024, notice that extended and redesignated Haiti for TPS, reducing the period from 18 months to 12 months, now ending on Aug. 3, 2025.

Therefore, it is important for people with these Nationalities to find alternative immigration options to adjust their status.

Pathways for TPS to Green Card

1. Employment-Based Green Card

One of the most common ways for TPS holders to obtain a Green Card is through employment. This involves an employer sponsoring the applicant for a work-based immigrant visa. The process typically follows these steps:

• Employer Sponsorship: The employer must be willing to sponsor the employee for a Green Card by filing a labor certification (PERM) with the Department of Labor (DOL).
• I-140 Immigrant Petition: After the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker.
• Adjustment of Status or Consular Processing: If eligible, the TPS holder may apply for adjustment of status (Form I-485) if they are already in the US. If adjustment of status is not available, they may need to complete consular processing in their home country.

2. Adjustment of Status (AOS) from TPS

Adjustment of Status allows individuals already in the U.S. to apply for lawful permanent residency without having to return to their home country. However, TPS holders face certain challenges:

• Eligibility Considerations: A key issue for TPS holders is whether they were “inspected and admitted or paroled” into the U.S., which is a requirement for AOS.
• Matter of Z-R-Z-C- Decision: Previously, TPS holders who traveled with advance parole were considered to have been “inspected and admitted,” making them eligible for AOS. However, a recent USCIS policy change (Matter of Z-R-Z-C-) now limits this benefit.
• Family-Based Sponsorship: Some TPS holders may qualify for a Green Card through a family member, such as a US citizen spouse or child over 21.

3. Other Options

If employment-based sponsorship or family-based sponsorship is not an option, TPS holders may explore other legal pathways, such as asylum, diversity visa lotteries, or special programs for certain nationalities.

If you are a TPS holder and would like to adjust your status to a more temporary option, contact Kannan Law. We are immigration attorneys in San Diego.

Conclusion

Transitioning from TPS to a Green Card can be a complex process, requiring careful planning and legal guidance. If you are considering an employer-sponsored Green Card or adjustment of status, consulting an experienced immigration attorney can help you determine the best path forward. By understanding your options and eligibility, you can take the necessary steps toward securing lawful permanent residency in the US.

Frequently Asked Questions

Can I apply for a Green Card if I have TPS and entered the US without inspection?

If you entered the US without inspection (EWI), you may face challenges when adjusting your status. In many cases, leaving the US and obtaining an immigrant visa through consular processing might be required. However, some TPS holders may qualify for waivers or other legal relief.

What happens if my TPS designation is terminated before I obtain a Green Card?

If your country’s TPS designation is terminated, you will revert to the immigration status you had before receiving TPS unless you have another pending immigration application. This could mean losing work authorization and legal protection from deportation.

Can I travel outside the US while holding TPS and still apply for a Green Card later?

Traveling on TPS with advance parole may impact your ability to adjust your status depending on recent policy changes. Some TPS holders who re-enter the US on advance parole may still face barriers to adjustment. It’s essential to consult an attorney before traveling.