TPS Does Not Count as Admission to the US for Legal Permanent Residency

By: Lana Morgan

The United States Supreme Court has ruled that individuals who entered the United States illegally and who hold temporary protected status (TPS) cannot use TPS as an admission into the United States when applying for lawful permanent residence (LPR). Lawful admission into the United States is generally required to qualify for LPR status.

TPS allows foreign nationals to temporarily remain in the United States, defer deportation, and obtain work authorization due to unsafe or unstable conditions in their home countries. Once a grant of TPS expires for a given country, all individuals with TPS from that country are expected to leave the United States and return to their country of origin.

CONCLUSION

For help understanding your options for obtaining a green card, please contact your trusted Chugh, LLP immigration professional.