If you're currently in the United States under [Temporary Protected Status (TPS)](/immigration-resources/temporary-protected-status-explained) and are considering changing your status to a [marriage-based green card](/immigration-resources/marriage-based-green-card-guide), this article is for you. We understand that navigating the [U.S. immigration system](https://www.uscis.gov/^) can be complex and daunting. That's why we've put together this comprehensive guide to help you understand the process, potential challenges, and options available to you.

Whether you're married to a U.S. citizen or a green card holder, we'll walk you through the steps you need to take to secure your future in the United States. So, let's get started.

Understanding Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is a temporary immigration status granted to nationals of certain countries experiencing ongoing armed conflict, environmental disaster, or other extraordinary conditions. This status allows you to live and work in the United States legally. However, it's important to remember that TPS is temporary and contingent on the ongoing designation of your home country as TPS-eligible.

Countries eligible for TPS are designated by the Secretary of Homeland Security. The list of eligible countries can change over time, depending on the conditions in those countries. If you're unsure whether your country is currently designated for TPS, you can check the [U.S. Citizenship and Immigration Services (USCIS) website](/immigration-resources/uscis-processing-times-guide).

If the TPS designation for your home country is terminated, you will no longer have legal status in the U.S. and must leave the country. This is where a marriage-based green card can provide a more permanent solution. In the following sections, we'll explore the two paths to obtaining a marriage-based green card, depending on whether you're married to a U.S. citizen or a green card holder.

Path to Marriage-Based Green Card for TPS Holders Married to U.S. Citizens

If you're a TPS holder married to a U.S. citizen, you can apply for a green card through the [Adjustment of Status (AOS)](/immigration-resources/change-status-b1-b2-marriage-green-card-guide) process. This process allows you to apply for lawful permanent residence without having to leave the United States.

Remember, it's crucial to prove that your marriage was entered into in good faith and not for the purpose of obtaining immigration benefits. Evidence can include joint bank accounts, joint leases or mortgages, birth certificates of children born to the marriage, and photos of the couple together with family and friends.

Path to Marriage-Based Green Card for TPS Holders Married to Green Card Holders

If you're a TPS holder married to a green card holder, also known as a lawful permanent resident (LPR), the process to obtain a green card is a bit more complex due to visa number availability and potential backlogs.

However, if a visa number becomes available after your TPS designation is terminated, you will need to leave the U.S. and apply for a green card from abroad. This process is known as [Consular Processing](/immigration-resources/step-by-step-consular-processing-for-spouses-of-us-citizens). Alternatively, you may be able to stay in the U.S. if you can secure a different type of temporary visa. 

Remember, it's always best to consult with an immigration attorney to understand your options and navigate the complexities of the immigration process.

Special Consideration for TPS Holders Who Entered the U.S. Without Inspection

If you're a TPS holder who entered the U.S. without inspection, meaning you entered without being admitted or paroled by an immigration officer, there's a special consideration you should be aware of. Some U.S. courts have ruled that receiving TPS status counts as being lawfully inspected and admitted to the U.S. This means that you may be eligible to apply for a marriage-based green card via the Adjustment of Status (AOS) process without having to leave the country.

Remember, immigration law is complex and can change rapidly. It's always best to seek legal advice to understand your options and ensure you're taking the right steps towards securing your future in the U.S.

Navigating the path from Temporary Protected Status (TPS) to a marriage-based green card can be complex, but with the right information and guidance, it's certainly achievable. Whether you're married to a U.S. citizen or a green card holder, understanding the process and requirements is the first step towards securing your future in the United States.

Remember, every situation is unique and the information provided in this article is general in nature. If you have confidential questions or need advice tailored to your specific circumstances, it's always best to consult with an independent immigration attorney. They can provide expert guidance and help you navigate the complexities of the U.S. immigration system.

We hope this article has been helpful in providing you with a clearer understanding of the process and potential challenges of changing from TPS to a marriage-based green card. We wish you the best of luck on your journey towards permanent residency in the United States.

Are you in the U.S. with Temporary Protected Status (TPS) and considering a marriage-based green card? This guide explains the process, from filing forms to attending appointments and interviews. It also covers special considerations for those who entered the U.S. without inspection. Consulting an immigration attorney can help you understand your individual circumstances. This guide aims to clarify the steps and potential challenges in your transition from TPS to a marriage-based green card.

Transitioning from U.S. Temporary Protected Status to a Marriage-Based Green Card: A Guide

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