Can I Adjust Status After TPS Ends or Humanitarian Parole Expires?

For individuals living in the United States under Temporary Protected Status (TPS) or humanitarian parole, the expiration date of that status can bring a wave of anxiety and uncertainty. A common and urgent question we hear is, “What happens next? Can I apply for a Green Card?” The answer is often yes, but the path requires a careful understanding of specific immigration rules. It is important to know that having TPS or parole can be a stepping stone toward permanent residency, provided you meet certain criteria.

Here are the key points to understand:

• Lawful Entry is Crucial: Both TPS and humanitarian parole can satisfy the “lawful admission” requirement needed for Adjustment of Status (AOS).
• Independent Basis for a Green Card: You must have a separate, eligible pathway to a Green Card, such as a family-based or employment-based petition.
• Timing Matters: It is often best to file for Adjustment of Status while your TPS or parole is still valid.
• Unlawful Presence is a Risk: Falling out of status without a pending application can create significant complications.

How TPS and Parole Help Your Green Card Case

To apply for a Green Card from within the U.S. through Adjustment of Status, you must generally prove you were lawfully admitted or paroled into the country. This is where TPS and parole become so valuable.

Recent legal interpretations have affirmed that being granted TPS is considered an “admission” for the purposes of adjusting status. This means if you originally entered the U.S. without inspection but were later granted TPS, you can meet this critical requirement. Similarly, if you entered the U.S. with humanitarian parole, your I-94 arrival record serves as proof of your lawful parole, which also satisfies the entry requirement for AOS.

This opens a door that might otherwise be closed, allowing you to pursue a Green Card without having to leave the United States.

What Are My Pathways to a Green Card?

Having a lawful admission through TPS or parole is just the first step. You still need an underlying basis to apply for a Green Card. These are the most common pathways:

• Family-Based Petition: The most frequent route is through an immediate relative who is a U.S. citizen. If you are the spouse, unmarried child under 21, or parent of a U.S. citizen, they can file a petition for you. Once that petition is approved, you can file your Adjustment of Status application.
• Employment-Based Petition: If you have a sponsoring employer, you may be eligible for a Green Card through an employment-based category. This often involves a labor certification process but can lead to permanent residency.
• Other Humanitarian Avenues: In some cases, you may be eligible for another form of relief, such as asylum.

What If My TPS or Parole Expires?

This is where acting in a timely manner becomes critical. If your TPS or parole expires and you do not have another pending application to keep you in a period of authorized stay, you will begin to accrue “unlawful presence.” Accruing more than 180 days of unlawful presence can trigger a 3- or 10-year bar to re-entering the U.S. if you ever leave.

While marrying a U.S. citizen can forgive unlawful presence for those applying for a Green Card from within the U.S., it is always best to avoid this situation. Filing your Adjustment of Status application while your TPS or parole is still valid ensures you can remain in the country with authorization while your case is processed.

Your Immigration Ally for a Secure Future

Navigating the transition from a temporary status like TPS or parole to a permanent Green Card is a life-changing process filled with legal complexities. You have built a life here, and securing your future is paramount. You do not have to face this journey with uncertainty.

At Sverdloff Law Group, your success is our mission. We are here to be your trusted immigration ally, providing the legal guidance and empathetic support you need to build a strong case for Adjustment of Status. If you are ready to explore your options for a Green Card, contact us today for a consultation.