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:
TPS stands for “Temporary Protected Status.” So, a common question we get is, “What is TPS status?” TPS is a form of humanitarian relief established by Congress in 1990 as part of the Immigration Act. Its intent was to provide temporary immigration relief to eligible foreign nationals from countries experiencing unsafe conditions. Dangerous conditions include natural disasters, armed conflicts, and other extraordinary conditions. Eligible individuals can apply for TPS using Form I-821, and in some cases, a temporary protected status to green card may be possible through specific immigration pathways.
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 direct temporary protected status 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.
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 not have citizenship in another country.
USCIS will not approve a TPS application if the foreign national also fails to meet other eligibility requirements. To be eligible for Form I-821 approval, the foreign national must also meet the following requirements:
We are often asked, “What is TPS status relief?” If you are a foreign national approved for TPS you gain the following relief:
Applying for TPS requires careful attention to each step to prevent delays or potential denials. The following guide outlines the process from start to finish.
Step 1: Verify Your Country’s TPS Designation
First, ensure that your country is currently designated for TPS by the U.S. government. Check the registration period and confirm that you meet all eligibility criteria. The most up-to-date information, including deadlines, can be found on the USCIS TPS webpage.
Step 2: Collect Necessary Documentation
You’ll need documents that establish:
Step 3: Fill Out the TPS Application Forms
The forms required include:
Note: Submit Form I-765 only if you want to work while on TPS. Otherwise, filing Form I-821 alone is sufficient.
Step 4: Pay Fees or Apply for a Fee Waiver
Applications require payment of filing and biometrics fees. If you cannot afford these fees, you may request a waiver using Form I-912, providing documentation of financial hardship.
Step 5: Submit Your Application Package
Send your completed forms, supporting documents, and payment (or fee waiver request) to the USCIS address specified for your location. Filing addresses may differ based on your state and country of origin. Keep copies of all submitted materials for your records.
Step 6: Attend Your Biometrics Appointment
Once your application is accepted, USCIS will schedule a biometrics appointment. During this brief visit to a USCIS Application Support Center, your fingerprints and photograph will be taken for background checks.
Step 7: Wait for USCIS to Process Your Application
After biometrics, USCIS will review your submission. They may issue a Request for Evidence (RFE) if additional information is needed. If approved, you will receive a decision by mail, including a TPS approval notice and work authorization if you applied for one.
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 through other eligible immigration pathways. There are possible indirect temporary protected status 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 temporary protected status to green card pathways include:
An asylum application
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:
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.
These pathways provide TPS holders with important opportunities to pursue permanent residency while legally residing in the United States. Depending on the type of petition, foreign nationals may be able to include qualifying family members, benefit from employment-based sponsorship, or leverage special immigration provisions for investors and exceptional workers.
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.
This pathway provides an important option for TPS holders who cannot adjust their status directly. This route allows you to legally live and work in the United States while your asylum application is pending. Additionally, it may open doors for derivative family members to gain protection and eventually pursue permanent residency.
If you need help filing Form I-821 or are interested in a temporary protected status 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. At Alamo Law Group, we have extensive experience helping clients with TPS related matters. Request a consultation today.
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