Q&A: New Temporary Protected Status (TPS) Adjustment Policy
On July 1, 2022, the Biden administration revoked a Trump policy that made it harder for TPS holders to apply for a green card in the U.S. This new immigration policy allows certain TPS holders to apply for a green card in the U.S.
What is the new policy?
Under the new policy, certain TPS holders who travel to a country outside the U.S. with travel permission will be able to apply for a green card in the U.S. (a process called “adjustment of status”) even if they originally came to the U.S. without permission.
Does this new policy help all TPS holders apply for adjustment of status?
No. This policy will generally benefit TPS holders who originally came to the U.S. without permission and who are “immediate relatives” of US citizens (have a U.S. citizen spouse, parent or child over age 21) and qualify for a green card.
Does the new policy create a separate path for TPS holders to receive a green card?
No. It allows eligible TPS holders to apply for a green card in the U.S. even if they originally entered the U.S. without authorization. But the TPS holder must first travel outside the U.S. with permission, return to the U.S., and qualify for a green card because of a family relationship or in a few situations a job.
Why is this policy beneficial?
This policy is helpful to TPS holders because people who apply for adjustment of status do not need to travel abroad to a U.S. Embassy or Consulate for green card processing. This is important because applying for a green card outside the U.S. results in a number of disadvantages including triggering other bars to receiving a green card and separation from family and work in the U.S.
How do I apply for permission to travel if I am a TPS holder?
The July 1 memo also will change the process of applying for travel permission. In the past, TPS holders who requested permission to travel were granted advance parole. The new policy will create a special TPS travel authorization document as evidence of permission to travel.
What do I have to do to get the TPS travel authorization document?
You must be a TPS holder. The information about the application process for the TPS travel authorization document has not yet been issued. We will share information about the new application requirements as soon as they are issued.
