Temporary Protected Status (TPS)

If an alien’s TPS application has been granted, the alien is deemed to be in lawful nonimmigrant status for the duration of the grant and is deemed to be in lawful nonimmigrant status for purposes of adjustment of status and change of status. A grant of TPS does not, however, cure any unlawful presence that may have accrued before the grant of TPS. If the alien was present without inspection and admission or parole, the alien remains an alien who has not been inspected and admitted or paroled, despite the grant of TPS.

Travel. If before TPS is granted, the applicant had previously accrued unlawful presence sufficient to trigger the 3-year or 10-year bars, and the applicant travels outside the U.S. after having obtained advance parole, his departure triggers the bars for purposes of an adjustment of change of status application; that is, the individual may be ineligible to adjust despite the wording of section 244(f) of the Act, and depending on the basis upon which the alien seeks adjustment. Also, if a waiver was granted for inadmissibility under section 212(a)(9)(B) or (C) of the Act for purposes of the TPS application, the alien is still inadmissible for purposes of adjustment of status because the standard of the waiver granted for TPS status is different than the one granted in relation to an immigrant benefits application (although both are filed on Form I-601, Application for Waiver of Grounds of Inadmissibility).