TPS to Green Card: Complete 2026 Guide

Temporary Protected Status (TPS) protects people from designated countries from deportation and gives them work authorization while their home country is unsafe due to armed conflict, environmental disaster, or other extraordinary conditions. But TPS itself is not a green card path. To move from TPS to lawful permanent residence, TPS holders need a separate qualifying immigrant petition — and depending on how they originally entered the U.S., the path may or may not be open.

This guide covers the most important legal question in every TPS case: whether the holder has a viable path to a green card, and how to file for it.

What TPS is and is not

TPS provides:

• Protection from deportation while the designation is in effect
• Employment authorization through an EAD
• Permission to travel abroad with advance authorization
• No path to citizenship on its own

TPS is designated country-by-country by the Secretary of Homeland Security for 6–18 month periods and may be extended. Countries with active TPS designations have varied over the years and include, at different times, El Salvador, Honduras, Haiti, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. Check the current USCIS TPS page for which countries are currently designated.

The Sanchez v. Mayorkas decision

In 2021, the Supreme Court held in Sanchez v. Mayorkas that TPS alone does not make a TPS holder “admitted” for adjustment of status purposes. The decision matters because adjustment of status under INA § 245(a) requires that the applicant have been “inspected and admitted or paroled” into the United States.

Before Sanchez, some federal circuits had held that TPS grant counted as an admission. After Sanchez, it does not. This shut the door on TPS holders who originally entered the U.S. without inspection (EWI) and wanted to adjust status just because they later got TPS.

But: TPS holders who originally entered the U.S. lawfully (for example, on a tourist or student visa and then overstayed) still have their underlying lawful admission. Sanchez did not take that away. These TPS holders can often still adjust status through a qualifying immigrant petition.

The two TPS populations

Population 1: TPS holders with a lawful entry

If you entered the U.S. on any nonimmigrant visa — B-1/B-2, F-1, H-1B, etc. — or on a parole document, you have been “inspected and admitted.” Even if you later overstayed and eventually received TPS, your underlying admission is preserved.

These TPS holders can adjust status through:

• Marriage to a U.S. citizen — immediate relative petition, no Visa Bulletin wait
• Parent of an adult U.S. citizen — immediate relative petition
• Family preference petitions — once the priority date becomes current
• Employment-based petitions — EB-1 through EB-5 if employer-sponsored or self-petition eligible

The 245(c) bar on adjustment for people who have “worked without authorization” or been “out of status” generally does not apply to immediate relatives of U.S. citizens. It does apply to family preference and employment-based cases, making marriage to a U.S. citizen the most common TPS-to-green-card path.

Population 2: TPS holders with no lawful entry (EWI)

TPS holders who entered without inspection do not have a prior admission. Post-Sanchez, these TPS holders generally cannot adjust status inside the U.S. through a standard immigrant petition.

Limited options may include:

• Consular processing abroad — but this requires leaving the U.S., which for long-term residents triggers 3- and 10-year unlawful presence bars. A provisional unlawful presence waiver (Form I-601A) may help.
• Advance parole travel — some TPS holders have successfully traveled on TPS advance parole, been “paroled” back into the U.S., and then used that parole as an admission for later adjustment of status. The legal validity of this strategy has been litigated; USCIS has sometimes accepted it and sometimes not. Consult an attorney before trying.
• Section 245(i) — if the TPS holder has a grandfathered petition or labor certification filed before April 30, 2001, they can adjust through Section 245(i) despite the entry without inspection.
• VAWA, U visa, T visa, asylum, SIJ, or other humanitarian relief — TPS holders who also qualify for humanitarian relief can pursue those paths independently.

Advance parole and the “parole as admission” strategy

TPS holders may apply for advance parole (travel authorization) through Form I-131. When they re-enter the U.S. using advance parole, they are technically “paroled” — a form of inspection.

Some TPS holders have used this advance parole re-entry as the “admission” required for adjustment of status, even though they originally entered without inspection. USCIS has accepted this in some cases, especially for those with immediate relative petitions.

This is a high-stakes strategy. Leaving the U.S. can trigger other bars, and not all USCIS officers accept parole re-entry as sufficient for adjustment. Consult an experienced immigration attorney before attempting.

The process for TPS holders adjusting status

Step 1: Confirm the underlying entry

Gather every document showing how you entered the U.S. — passport stamps, I-94 records, visa pages. If you entered lawfully, your file should reflect that.

Step 2: Obtain the qualifying immigrant petition

For most TPS holders, this means either:

• Form I-130 filed by a U.S. citizen or LPR relative, or
• Form I-140 filed by an employer (or self-petition through EB-1A, EB-2 NIW, or EB-5)

Step 3: Wait for a visa number (if applicable)

Immediate relatives (spouse, parent, or unmarried under-21 child of a U.S. citizen) can file immediately. Family preference and employment-based cases must wait for a current priority date.

Step 4: File Form I-485

Once a visa is available and the entry issue is resolved, file Form I-485 through adjustment of status. That guide covers the full I-485 package, concurrent EAD and advance parole filings, and what to expect at the interview.

Step 5: Attend the interview and receive the green card

Standard adjustment of status process applies. TPS holders with a lawful prior entry face the same interview process as any other applicant in their immigrant category.

Costs in 2026

• TPS re-registration (recurring): $50 + biometrics
• Form I-765 (EAD, recurring with TPS): $520
• Form I-131 (advance parole, optional): $630
• Form I-130 (family-based petition): $675
• Form I-485: $1,440
• Attorney fees (typical): $3,000–$10,000 for full adjustment process

Common mistakes

• Assuming TPS leads to a green card on its own. It does not. Plan for a separate immigrant petition.
• Traveling without advance parole. A TPS holder who leaves without advance parole loses the ability to return.
• Leaving the U.S. after long unlawful presence. Departing can trigger 3- and 10-year bars that block re-entry.
• Waiting too long. Country TPS designations can end. If your country’s TPS terminates and you have no other immigration status, you can be placed in removal proceedings.

What to do right now as a TPS holder

1. Verify your underlying entry status with an attorney
2. Explore qualifying immigrant petitions — marriage, family, employment, humanitarian
3. Never let your TPS lapse while pursuing a green card path
4. Monitor policy changes — TPS-to-green-card law has shifted several times in the past decade and may shift again

Not legal advice. TPS adjustment strategy is highly fact-specific and depends on entry history, 245(c) bars, and evolving USCIS policy. Consult an experienced immigration attorney before pursuing any TPS-to-green-card strategy — especially one involving advance parole or international travel.