Generally, a person who entered the United States without inspection is not eligible to apply for permanent residence. Six federal appellate circuits previously ruled on this issue. Three federal appellate circuits (the Sixth, Eighth, and Ninth Circuits) ruled that a person with valid TPS status could adjust status to lawful permanent residence if otherwise eligible through a family-based or employment-based petition, even if he or she entered the United States without inspection. Three other federal appellate courts (the Third, Fifth, and Eleventh Circuits) ruled that a TPS recipient who entered without inspection is not eligible to adjust to permanent residence.
In June 2021, the Supreme Court subsequently ruled that a TPS recipient who entered the United States without inspection is not eligible to adjust to permanent residence from within the United States, overturning the prior decisions by the Sixth, Eighth, and Ninth Circuits. In order to gain permanent resident status, a TPS recipient who initially entered the United States without inspection must depart the country to have a visa processed at a consular post. For many TPS holders, a departure to have a visa interview would trigger bars to re-entry for up to 10 years.
Alternatively, some TPS recipients may be eligible to adjust status if they were granted advance permission from USCIS (referred to as advance parole), traveled abroad, and were paroled back into the United States.
What happens to a TPS beneficiary when a TPS designation ends?
TPS beneficiaries return to the immigration status that they held prior to receiving TPS, unless that status has expired or the person has successfully acquired a new immigration status. TPS beneficiaries who entered the United States without inspection and who are not eligible for other immigration benefits, for example, would return to being undocumented at the end of a TPS designation and become subject to removal.