TPS does not provide beneficiaries with a separate path to lawful permanent residence (a green card) or citizenship. However, a TPS recipient who otherwise is eligible for permanent residence may apply for that status.
Generally, a person who entered the United States without inspection is not eligible to apply for permanent residence. As of August 2017, three federal appellate circuits have ruled on this issue:
Two federal appellate circuits (the Ninth and Sixth Circuits) ruled that a person with valid TPS status can 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.
The Eleventh Circuit ruled that a TPS recipient who entered without inspection is not eligible to adjust to permanent residence even if otherwise eligible. DHS’ position, applicable in all other circuits, is that a TPS holder is not eligible to adjust status within the United States. To gain permanent resident status, a TPS recipient must instead depart the country to have a visa processed at a consular post. For many TPS holders who originally entered the United States without inspection, a departure to have a visa interview would trigger bars to re-entry for up to 10 years.