When a Person With TPS May Seek a Green Card in New Jersey

Getting a Green Card With TPS in New Jersey may be possible when there is another immigration basis that allows you to apply and you meet the applicable requirements.

Immigration pathways that may lead to a Green Card include:

• A petition filed by an eligible family member.
• Certain employment-based immigration categories.
• Potential adjustment of status within the United States.
• Consular processing when adjustment of status within the country is not available.
• Other immigration options that may provide a path to permanent residence based on the individual’s immigration history.

For this reason, before starting any immigration process, it is important to review how TPS works in the United States and what effect it actually has on a person’s immigration history.

Curbelo Law’s immigration attorneys in New Jersey can review whether there is currently a path to lawful permanent residence.

Can People With TPS Obtain Lawful Permanent Residence?

A person with TPS may be able to obtain lawful permanent residence, but they must qualify through an independent immigration pathway.

This is because TPS by itself:

• Does not grant a Green Card.
• Does not automatically become permanent residence after a certain number of years.
• Does not automatically resolve prior immigration issues.
• Does not replace the requirements of a family-based or employment-based petition.
• Does not necessarily mean the person can file Form I-485 within the United States.

USCIS explains that having TPS does not prevent a person from applying for adjustment of status or another immigration benefit, provided the person meets all applicable eligibility requirements. 

Therefore, the possibility of obtaining permanent residence will depend on the immigration pathway being used and the applicant’s individual immigration history. 

If the TPS application is still pending, it may also be helpful to understand how long TPS takes to be approved and what factors may affect processing times. 

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

Several factors can completely change the analysis when applying for permanent residence while holding TPS. 

Before filing an application, the person should determine:

• How they entered the United States.
• Whether they were inspected and admitted or received parole.
• Whether they entered without inspection.
• What immigration status they held before receiving TPS.
• Whether there is a family-based or employment-based petition.
• Whether an immigrant visa is available.
• Whether there were prior periods of unlawful presence.
• Whether they have a removal order.
• Whether they have a criminal record or convictions that could affect immigration eligibility.
• Whether any grounds of inadmissibility apply.

What Happens if the Person Entered Lawfully and Later Received TPS?

A lawful entry can significantly change the analysis. For example, someone who entered with a visa, later lost that status, and subsequently received TPS already has an entry in which they were inspected and admitted.

If an independent basis for permanent residence later becomes available, such as a valid family-based petition, it may be necessary to determine whether the person meets the remaining requirements for adjustment of status. 

In these cases, it is important to review:

• The I-94 arrival record.
• The visa used to enter.
• The available family relationship or immigration category.
• Prior periods without lawful status.
• Potential grounds of inadmissibility.

A lawful entry does not guarantee approval, but it may satisfy one of the fundamental requirements for adjustment of status.

Does TPS Fix an Entry Without Inspection?

Not by itself. This point is particularly important in New Jersey. 

In Sanchez v. Mayorkas, the Supreme Court affirmed a Third Circuit decision holding that a grant of TPS does not, by itself, constitute an admission for a person who entered without inspection. New Jersey is within the Third Circuit.

This means that receiving TPS after crossing the border without inspection does not retroactively transform that entry into a lawful admission.

However, this also does not mean that every person who entered without inspection will necessarily have the same outcome.

Depending on the person’s immigration history, it may be necessary to review:

• Whether protection under INA §245(i) is available.
• Whether there was a later admission or relevant grant of parole.
• Whether special rules apply to the immigration benefit being requested.
• Whether consular processing will be necessary.
• Whether other exceptions or independent immigration pathways may be available.

For this reason, this analysis should be completed before filing Form I-485 or leaving the United States.

Can a Family-Based Petition Help a Person With TPS?

A family-based petition filed while a person has TPS may provide a basis for seeking permanent residence, provided there is a family relationship recognized under immigration law and all other requirements are met.

Examples may include certain petitions filed by:

• U.S. citizen spouses.
• U.S. citizen parents for certain children.
• U.S. citizen children petitioning for their parents when the applicable requirements are met.
• Lawful permanent residents petitioning for certain relatives.
• Other relatives within the family preference categories established by law.

You can review how U.S. family-based immigration works before determining which category applies.

However, approval of a family-based petition, such as Form I-130, does not automatically mean that the person can adjust status within the United States.

The person’s manner of entry, visa availability, and any other admissibility requirements must be analyzed separately.

Is It Different if the Family Member Is a U.S. Citizen?

Immediate relatives of U.S. citizens have certain advantages under immigration law, but the requirements for adjustment of status still need to be analyzed.

For example, having a U.S. citizen spouse does not, by itself, convert an entry without inspection into a lawful entry.

For that reason, two people with TPS who are married to U.S. citizens may have different outcomes if:

• One entered with a visa and later lost status.
• The other entered without inspection.
• Either person has additional immigration history.
• There are removal orders or grounds of inadmissibility.

The family relationship is only one part of the analysis.

Are There Other Paths to Permanent Residence Besides a Family-Based Petition?

A family-based petition is not the only pathway that may be available while a person has TPS. Depending on the circumstances, it may also be appropriate to review:

• Employment-based permanent residence when there is an employment category for which the person qualifies.
• Certain self-petitions, including those available in some cases under VAWA or through certain employment-based categories.
• Asylum, when the person meets the applicable requirements. Obtaining asylum in the United States may later provide an independent path to lawful permanent residence.
• Other immigration categories for which the person may be eligible.

Having TPS does not automatically create eligibility for any of these options. Each pathway has its own requirements and must be analyzed independently.

Can a Person With TPS Seek Permanent Residence Through Cancellation of Removal?

In some cases, a person with TPS who is already in removal proceedings may evaluate whether they meet the requirements to request cancellation of removal for certain nonpermanent residents.

This form of relief does not arise from TPS and is not available simply because someone has lived in the United States for ten years. Among the requirements a judge must consider are:

• Having accumulated at least 10 years of continuous physical presence, subject to the applicable rules regarding when that period stops accruing.
• Having maintained good moral character during the applicable period.
• Not having certain convictions that would bar the person from receiving this relief.
• Showing that removal would cause exceptional and extremely unusual hardship to certain qualifying U.S. citizen or lawful permanent resident relatives.

The decision is discretionary, and having TPS does not guarantee permanent residence through this form of relief. However, records accumulated during years of TPS may help document part of the person’s history of physical presence in the United States.

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

In certain cases, people seeking a Green Card With TPS may need to consider consular processing. This process generally involves continuing an immigrant visa case through a U.S. consulate outside the country.

However, leaving the United States can have significant consequences. TPS does not erase unlawful presence that may have accumulated before the person obtained this protection, so that immigration history must be reviewed before beginning consular processing.

Before leaving the United States, it is important to review:

• How much unlawful presence the person accumulated before TPS.
• Whether there is a removal order.
• Whether there were prior immigration entries or departures.
• Whether a ground of inadmissibility applies.
• Whether an immigration waiver may be required.

Departing the United States after certain periods of unlawful presence may trigger three-year or ten-year bars to reentry.

Can a Person With TPS Need an Immigration Waiver?

In some cases, yes. If certain grounds of inadmissibility apply, it may be necessary to evaluate a U.S. immigration waiver.

For example, Form I-601A is used in certain cases to provisionally request a waiver of unlawful presence before departing for consular processing. However:

• It does not waive every ground of inadmissibility.
• It does not automatically waive an unlawful entry.
• It does not guarantee that a visa will be granted.
• For an unlawful presence waiver, extreme hardship must be established with respect to a qualifying U.S. citizen or lawful permanent resident spouse or parent, as applicable.

For this reason, any potential waiver should be evaluated before leaving the United States.

How Can Traveling With TPS Affect a Future Adjustment of Status?

USCIS updated its policy regarding travel by TPS beneficiaries in 2022. Since then, these individuals may apply for specific travel authorization using Form I-512T. 

Afterward, under certain circumstances, a person returning from authorized travel may be inspected and admitted in TPS status. 

However, this does not mean that traveling is automatically a strategy for obtaining permanent residence. Before leaving the United States, the following should be reviewed:

• The exact type of travel authorization.
• Any accumulated unlawful presence.
• Prior immigration orders.
• Potential grounds of inadmissibility.
• The specific immigration pathway through which permanent residence is being sought.

Travel authorization also does not, by itself, guarantee that a person will obtain a Green Card. In addition, travel authorization does not necessarily eliminate consequences arising from unlawful presence accumulated in the past. 

Recent immigration decisions make it even more important to review how much unlawful presence existed before any departure from the United States.

What Happens if TPS Ends While a Family-Based Petition Is Pending?

A family-based petition and TPS are separate immigration processes. Therefore, the termination of a TPS designation does not necessarily mean that an approved or pending I-130 petition disappears.

The effects may also vary depending on the particular country designation. For example, people who have had TPS for Venezuelans should review the specific dates and conditions that apply to Venezuela.

A similar situation must be analyzed individually for TPS for Honduras, whose designation and applicable dates differ from those of other countries. 

How Can the End of TPS Affect You While Waiting for Permanent Residence?

When TPS ends, the person’s immigration situation will also depend on the status they held before receiving this protection and whether they later obtained another status.

Before assuming that TPS protection will end, it is important to verify whether DHS has announced a TPS extension, termination, or another official update for that country. The end of TPS may affect:

• Protection from removal.
• Employment authorization tied to TPS.
• The accrual of unlawful presence.
• The ability to remain in the United States while waiting for a visa to become available.
• The strategy for continuing toward permanent residence.

This is especially important in family-based categories subject to annual limits because an approved petition may need to wait until a visa becomes available.

Having TPS does not advance the priority date of a family-based petition or eliminate waiting periods for categories subject to annual limits. The person must wait until a visa becomes available before moving forward toward permanent residence.

What Documents Should You Review to Determine Whether You Can Obtain Permanent Residence?

Before determining whether there is a path to obtaining a Green Card With TPS, it is helpful to gather:

• Current and previous passports.
• The visa used to enter the United States, if any.
• I-94 arrival record.
• TPS approval notices.
• Employment Authorization Documents related to TPS.
• Forms I-797.
• I-130 or I-140 petitions.
• Notices related to an I-485, if applicable.
• Documents from any immigration court proceedings.
• Prior removal orders.
• Records of entries into and departures from the United States.

The goal is to reconstruct the person’s immigration history before deciding whether adjustment of status, consular processing, or another pathway is appropriate.

Frequently Asked Questions About Permanent Residence in the United States With TPS

Which People With TPS Qualify for Permanent Residence?

There is no rule that grants permanent residence to everyone with TPS. An independent path to a Green Card must exist, and the person must meet the requirements for that immigration category.

Can I Get a Green Card if I Have TPS?

Yes, as long as you qualify through a family-based petition, employment-based category, or another immigration pathway and meet the applicable requirements. TPS by itself does not grant a Green Card.

What Is the Difference Between TPS and a Green Card?

TPS is temporary protection tied to a country’s designation, while a Green Card grants lawful permanent resident status. 

Because this protection is temporary, it is also important to understand what happens to TPS when a country’s designation comes to an end. 

Is Adjustment of Status Possible With TPS?

In some cases, yes, but having TPS does not automatically allow a person to adjust status. Eligibility depends on the manner of entry, the basis for seeking permanent residence, visa availability, and any potential grounds of inadmissibility. 

Can I Apply for Permanent Residence if I Entered Without Inspection and Later Received TPS?

TPS by itself does not convert an entry without inspection into an admission. However, exceptions or later events may change the analysis, so it is important to review the complete immigration history before concluding that adjustment of status is impossible. 

The Supreme Court confirmed this general rule in Sanchez v. Mayorkas.

Does a Family-Based Petition While on TPS Guarantee Permanent Residence?

No. A family-based petition may provide the underlying immigration basis, but the applicable requirements for adjustment of status or consular processing must still be met.

Attorneys for Green Card With TPS Cases in New Jersey

Moving from TPS to lawful permanent residence does not simply depend on how long a person has maintained this protection.

The manner of entry into the United States, family relationships, immigration history, and potential grounds of inadmissibility can completely change which process is available.

Curbelo Law’s immigration attorneys in New Jersey can review your documents and determine whether there is a pathway to permanent residence through adjustment of status, a family-based petition, consular processing, or another alternative.

If you currently have TPS and want to know whether you may qualify for lawful permanent residence in New Jersey, contact us to evaluate your case.