QUESTION

Adjustment of status from TPS

Asked on Aug 10th, 2025 on Immigration - Michigan
More details to this question:
Hello, Person entered the US legally (B1/b2) and applied for asylum, then B1/b2 expired while this person was waiting for the interview. Parents of this person are US citizens and they submitted I-130 (f3 category), which was approved. This person waited for 10 years for the interview, then received NTA after the interview with USCIS. Then this person received TPS. Can this person still do the adjustment of status via family based green card when its available? Legal entry, TPS status, but period of authorized stay in between
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Although the minority view is that a timely application for asylum from a person on a current B-2 visa status preserves lawful status to allow adjustment of status in the future, the unanimous view is that a NTA ends the ability to be considered in lawful status. Obtaining TPS after getting a NTA in our opinion would not allow you to be considered in lawful status for purposes of a later adjustment of status application through your parents. We note that there have been many shifting policies and developments concerning TPS in the past few years which may continue and so our present opinion may not necessarily be accurate in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 01st, 2025 at 7:15 PM

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