The United States Citizenship and Immigration Services (USCIS) has released new information that may benefit thousands of Temporary Protected Status (TPS) recipients, including approximately 1,500 Nepalis. This new information provides a pathway for those who have orders of removal or deportation but wish to adjust their status to lawful permanent resident (green card holder).
According to USCIS, TPS recipients who have a removal or deportation order may ask the ICE Office of the Principal Legal Advisor (OPLA) to consider joining in a Joint Motion to Reopen proceedings to terminate their order of removal or deportation. This is particularly relevant for TPS holders who traveled and returned to the U.S. with government authorization while in TPS status.
If a TPS holder intends to apply for adjustment of status (a green card) or has already filed an application with USCIS, or if their application was denied because USCIS claimed it did not have jurisdiction due to the removal or deportation order, they may now be able to reopen their case. They may ask the ICE Office of the Principal Legal Advisor (see Prosecutorial Discretion and the ICE Office of the Principal Legal Advisor) to consider joining in a Joint Motion to Reopen proceedings to terminate their order of removal or deportation. Additionally, if USCIS denied a green card application solely because of a removal order and waivable grounds of inadmissibility were present but not adjudicated, TPS recipients may now seek to have their removal order terminated.
Once a removal or deportation order is terminated, TPS holders who have been denied adjustment of status can either file a new Form I-485, Application to Register Permanent Residence or Adjust Status, or file a motion to reopen their denied application using Form I-290B, Notice of Appeal or Motion. Even if the motion is filed late, USCIS will accept untimely motions as long as they meet the necessary requirements.
“We will accept untimely motions to reopen that meet the requirements above. You should write ‘TPS Removal Order’ at the top of the first page of your Form I-290B to assist with identification and prevent rejection for untimely filing. Any individual in litigation on this basis may work through the government’s representative in litigation,” USCIS suggests.
As of now, approximately 3,500 Nepalis have received removal orders from U.S. immigration courts. Among them, about 3,000 remain in the U.S., with around 1,500 protected under TPS. According to ICE data, 1,365 Nepalis with removal orders do not have TPS protection.
While Temporary Protected Status (TPS) provides important temporary protection from deportation and work authorization for eligible individuals, it does not, by itself, offer a direct pathway to permanent residency or a green card. TPS holders must still meet specific eligibility criteria for a green card through other immigration routes.
This means that individuals with TPS must pursue adjustment of status through avenues such as family-based immigration, employment-based petitions, or other qualifying categories. For instance, a TPS holder could apply for a green card if they have a qualifying family member who can sponsor them, such as a U.S. citizen spouse or parent.
Alternatively, individuals who have job offers from U.S. employers may seek permanent residency through an employment-based petition. Other pathways could include diversity lottery, or other humanitarian relief options. Therefore, while TPS is a crucial protective status, it is just one step in a broader immigration process, and individuals must qualify for a green card through separate legal avenues.
Additionally, applicants who do not have TPS but have previously applied for a Green Card and were denied due to jurisdictional issues may also seek reopening of their cases through ICE’s legal office.
“If you have an order of removal or order of deportation and USCIS does not have jurisdiction over your application for adjustment of status because of the removal or deportation order, you may ask the ICE Office of the Principal Legal Advisor (see Prosecutorial Discretion and the ICE Office of the Principal Legal Advisor) to consider joining in a Joint Motion to Reopen proceedings to terminate the removal or deportation order,” USCIS clarifies for other individuals with orders of removal or deportation seeking adjustment of status with USCIS.
“If your removal or deportation order is terminated as described above, and if you have already applied to adjust status with USCIS, and we denied your application solely for lack of jurisdiction, you may file a timely motion to reopen with Form I-290B, Notice of Appeal or Motion, or a new Form I-485, Application to Register Permanent Residence or Adjust Status,” USCIS clarifies.