What You Need to Know About Adjusting Status With TPS or Humanitarian Parole

If you hold Temporary Protected Status (TPS) or entered the United States through humanitarian parole, you may wonder if you can apply for lawful permanent residence, also known as a green card. While TPS and parole status are important, they do not create a separate path to a green card on their own. Instead, they can help you meet some of the requirements for adjustment of status. To successfully adjust your status, you still need an independent immigrant basis, like a family petition, and must meet all other eligibility criteria.

This blog explains the key requirements for TPS holders and parolees who wish to adjust their status in the United States.

The Independent Basis for a Green Card

To adjust your status, you must first have an approved immigrant petition filed on your behalf. TPS and humanitarian parole do not satisfy this requirement. You need an underlying basis for your green card application, which typically includes:

• Family-Based Petitions: A qualifying relative who is a U.S. citizen or lawful permanent resident can file Form I-130, Petition for Alien Relative, for you.
• Employment-Based Petitions: An employer can sponsor you through a labor certification process and Form I-140, Immigrant Petition for Alien Worker.
• Self-Petitions: In some situations, you may be able to file a petition for yourself. Common examples include Form I-360 for VAWA (Violence Against Women Act) survivors or for Special Immigrant Juveniles.

Once you have an approved petition and a visa is available in your category, you can file Form I-485, Application to Register Permanent Residence or Adjust Status.

How TPS and Parole Affect Adjustment of Status Eligibility

The main advantage of adjusting status is that you can get your green card without leaving the United States. To be eligible, you must have been “inspected and admitted” or “inspected and paroled” into the country.

• Humanitarian Parole: If you entered the U.S. with humanitarian parole, you generally meet the “inspected and paroled” requirement. This allows you to file for adjustment of status if you have an independent immigrant basis.
• Temporary Protected Status (TPS): The role of TPS is more limited. TPS does not, by itself, cure an entry without inspection. If you entered the U.S. without authorization, having TPS does not automatically make you eligible to adjust your status. However, TPS can affect your lawful status analysis in other ways, which is a subject to discuss with an experienced immigration attorney.

The evidence of your lawful entry is important. This proof is typically found in documents like your Form I-94 Arrival/Departure Record, your passport admission stamp, or your parole documentation. A TPS approval notice alone does not prove lawful entry.

The Medical Examination: Form I-693

All applicants for adjustment of status must complete a medical examination with a USCIS-designated civil surgeon. The surgeon will complete Form I-693, Report of Immigration Medical Examination and Vaccination Record.

USCIS currently requires you to file Form I-693 along with your Form I-485 application. A properly completed Form I-693 signed on or after November 1, 2023, is generally valid for two years from the date of the civil surgeon’s signature. You should not use your personal doctor for this examination.

Required Supporting Documents

When you file your adjustment of status application, you must include a set of supporting documents. These documents prove your identity, your eligibility, and the claims you make in your application. Common documents include:

• Proof of Lawful Entry: Your Form I-94, passport admission record, or parole documents.
• Identity Documents: Your birth certificate with a certified translation, your passport, or a national identity card.
• Immigrant Petition Approval: The approval notice for your Form I-130, I-140, or I-360.
• Photographs: Two recent passport-style photos that meet USCIS specifications.
• Financial Support: Form I-864, Affidavit of Support, is required for most family-based cases to show you will not become a public charge.
• Civil Documents: Any marriage certificates, divorce decrees, or other records that are relevant to your case.

Submitting an incomplete or inaccurate application can lead to a Request for Evidence, which will delay your case.

An Immigration Attorney Can Help

The rules for adjusting status can be confusing, especially for those with TPS or humanitarian parole. A careful review of your immigration history can identify potential problems before you file and help you build a strong case.

At Sverdloff Law Group, we work with immigrants across Chicago and the surrounding communities to prepare complete and well-supported adjustment applications. If you hold TPS or entered the U.S. through humanitarian parole and want to understand your options for a green card, contact our office to schedule a consultation.