Form I-821, Application for Temporary Protected Status offers eligible foreign nationals a temporary, legal U.S. immigration status, but it has many limitations. There is no direct TPS to green card pathway, but this form of temporary humanitarian relief won’t stand in the way of seeking a green card through other established pathways. In our guide What is TPS: Status Benefits and Form I-821, we will explore the following:
- “What is TPS Status?”
- Who Can File Form I-821?
- What Relief Does an Approved Form I-821 Provide?
- What Are the Possible TPS to Green Card Pathways?
- Consulting a Lawyer for Help with Form I-821
Table of Contents
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“What is TPS Status?”
TPS stands for “Temporary Protected Status,” but many people don’t know that. So, a common question we get is, “What is TPS status?” TPS is a form of humanitarian relief established by Congress back in 1990 as part of the Immigration Act. Its intent was to provide temporary immigration relief to eligible foreign nationals from countries dealing with unsafe conditions. Dangerous conditions include natural disasters, armed conflicts, and other extraordinary conditions.
The foreign national can’t just feel unsafe returning home though, the Secretary of the Department of Homeland Security (DHS) must officially designate their country a TPS nation.
TPS is a legal status that can prevent deportation and allow the foreign national to stay in the United States until it’s safe to return home. U.S. immigration law doesn’t provide for a TPS to green card adjustment of status the way other nonimmigrant statuses like asylum do.
This status can be granted to a foreign national by the Board of Immigration Appeals (BIA), an immigration judge, or U.S. Citizenship and Immigration Services (USCIS). USCIS is the agency most frequently involved with granting TPS to foreign national that are already in the United States.
Who Can File Form I-821?
To file Form I-821 with USCIS, a foreign national must be either a citizen of a country designated as a TPS nation or have most recently lived in a country designated as a TPS nation and have no nationality in any country.
USCIS will not approve a TPS application if the foreign national doesn’t also meet other eligibility requirements though. To be eligible for Form I-821 approval, the foreign national must also meet the following requirements:
- Prove continual presence since the effective date of TPS for their nation.
- Prove continual residence since the effective date of TPS for their nation.
- Prove admissibility into the United States in the TPS context or submit a waiver of admissibility with Form I-821
- Prove they have no U.S. felony convictions when filing Form I-821
- Prove that they have fewer than two U.S. misdemeanor convictions when filing Form I-821
- Have no bars to asylum when filing Form I-821
What Relief Does an Approved Form I-821 Provide?
We are often asked, “What is TPS status relief?” If you are a foreign national approved for TPS you gain the following relief:
- Protection from removal for as long as your status is current
- Eligible for an Employment Authorization Document (EAD)
- Eligible for travel authorization
- Freedom to seek another immigration status or an immigrant visa that could lead to a green card
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What Are the Possible TPS to Green Card Pathways?
While a foreign national can’t apply for an Adjustment of Status to receive a green card directly from TPS, this temporary status doesn’t prevent them from seeking a green card another way. There are possible indirect TPS to green card pathways.
Since those with TPS are living in the United States, if they are successful in becoming eligible for a green card, they will complete the process by applying for an Adjustment of Status using Form I-485.
For example, a foreign national’s potential TPS to green card pathways include:
- An immigrant visa petition as the TPS to green card pathway
- An asylum application as the TPS to green card pathway
Immigrant Visa Petition: A TPS to Green Card Pathway
While living in the United States, opportunities can pop up that would let a person with TPS become named as a beneficiary on an immigrant visa petition.
A petitioner for the immigrant visa petition can include:
- A qualifying U.S. family member (such as with a marriage-based green card or a family-based green card using Form I-130, Petition for Alien Relative)
- A U.S. employer (through an employment-based green card using Form I-140, Immigrant Petition for Alien Workers)
It is also possible that a foreign national could self-petition for an immigrant visa as an investor, a worker with National Interest Waiver or other exceptional employment situation, or as a VAWA self-petitioner.
Asylum Application: A TPS to Green Card Pathway
Foreign nationals sometimes transition from TPS to green card holder by applying for asylum status using Form I-589, Application for Asylum and for Withholding of Removal. This is because asylees are eligible to apply for a green card using Adjustment of Status after one year.
Foreign nationals may be eligible for asylum status if they hold a sincere and reasonable fear of persecution if they were to return to their home nation. The persecution must be based on their race, religion, nationality, political opinion, or membership in a particular social group.
Consulting a Lawyer for Help with Form I-821
If you need help filing Form I-821 or are interested in a TPS to green card pathway, it’s important to choose an experienced immigration attorney to guide you through the process and ensure your forms are all filed properly. Gireud | Hobbs, PLLC has extensive experience helping clients with TPS related matters. Request a consultation today.
