Your Legal Options After TPS: Asylum, Adjustment of Status, and More

The Supreme Court's June 25, 2026 ruling in Mullin v. Doe changed everything for Temporary Protected Status holders. By a 6-3 vote, the Court held that federal courts cannot review decisions by the Department of Homeland Security to terminate country TPS designations. For the roughly 331,000 Haitian TPS holders whose protections are set to end on July 27, 2026, and for hundreds of thousands more from countries like Nepal, Honduras, and Cameroon facing termination, the ruling removed the last judicial backstop that had kept protections alive through years of litigation. The news feels devastating. And it is. But it does not mean that every TPS holder is out of options. Many people do not realize that TPS is just one form of immigration status among many, and that holding TPS does not prevent you from pursuing other legal pathways. In fact, in some cases, the years you have spent living and working in the United States under TPS can actually strengthen your eligibility for alternative forms of relief. This article walks through the major legal options available to TPS holders after termination: family-based adjustment of status, the I-512T travel pathway for those who entered without inspection, asylum, employment-based sponsorship, U visas, VAWA petitions, and Special Immigrant Juvenile Status. It also addresses the key legal barriers, including the Supreme Court's 2021 ruling in Sanchez v. Mayorkas and the practical implications of the post-Mullin landscape. If you are a TPS holder trying to understand what comes next, start here. Then consult with a DOJ-accredited representative or licensed immigration attorney to evaluate your specific situation. Understanding the Legal Framework: What Sanchez and Mullin Mean Before diving into specific options, it is important to understand two Supreme Court decisions that define the legal landscape for TPS holders seeking permanent status. Sanchez v. Mayorkas (2021). In a unanimous ruling, the Supreme Court held that a grant of TPS does not constitute an "admission" for purposes of adjusting to lawful permanent resident status under INA Section 245(a). What does this mean in plain language? Under U.S. immigration law, most people who want to get a Green Card from inside the United States must show that they were "inspected and admitted" or "paroled" when they last entered the country. The Court ruled that TPS alone does not satisfy that requirement. If you entered the U.S. without inspection, TPS does not fix that. This was a major limitation because it meant that tens of thousands of TPS holders who entered illegally could not simply use their TPS status as a springboard to a Green Card. Mullin v. Doe (2026). This ruling was not about adjustment of status but about whether courts can review DHS decisions to terminate TPS. The Court held that the TPS statute's judicial-review bar at 8 U.S.C. Section 1252(a)(2)(B)(ii) strips federal courts of jurisdiction to review termination decisions, except for constitutional claims. This means that the era of court injunctions keeping TPS alive indefinitely is over. TPS holders can no longer rely on litigation to extend their protections while they pursue alternative status. Together, these two decisions create a difficult but not hopeless environment. Sanchez closed one door (using TPS itself as a basis for adjustment). Mullin closed another (using the courts to keep TPS alive while you pursue other options). But neither decision eliminated the underlying pathways to status that have always existed independently of TPS. What follows is a guide to those pathways. "Sanchez closed the door to using TPS itself as a basis for adjustment. Mullin closed the door to using courts to keep TPS alive. But neither eliminated the independent pathways to status that have always existed alongside TPS." Pathway 1: Family-Based Adjustment of Status For TPS holders who have a U.S. citizen or lawful permanent resident family member, the family-based petition process is often the most direct route to a Green Card. The eligibility requirements depend on who is sponsoring you and your relationship to them. Immediate Relative Petitions (No Visa Cap). If you are married to a U.S. citizen, if you are the unmarried child under 21 of a U.S. citizen, or if you are the parent of a U.S. citizen who is at least 21 years old, you qualify as an "immediate relative." There is no annual cap on immediate relative visas, which means once the petition is approved, a visa is immediately available. This is the fastest family-based pathway. Family Preference Categories (Capped). If your sponsoring relative is a lawful permanent resident (Green Card holder) rather than a U.S. citizen, or if you are an adult child or sibling of a U.S. citizen, you fall into a preference category with annual caps and waiting lines. For some categories, the wait can be years or even decades depending on your country of origin. The Age 21 Rule. A U.S. citizen child cannot sponsor a parent for a Green Card until the child turns 21. This is a hard statutory requirement with no exceptions. For the roughly 390,000 U.S. citizen children living in TPS households, most are too young to sponsor their parents, which means family-based relief is not available until they reach the age threshold. The Lawful Entry Requirement and the I-512T Solution. Here is where Sanchez v. Mayorkas creates a problem. To adjust status from within the United States, you generally need to show that you were "inspected and admitted" or "paroled." If you entered the U.S. without inspection and have not traveled abroad and returned with authorization, you may not meet this requirement. However, there is a workaround that has become increasingly important since July 2022. TPS holders can apply for advance parole using Form I-131. If USCIS approves the application, they issue a travel document called an I-512T. The TPS holder travels abroad and returns to the U.S. with this document, and upon return they are officially "paroled" into the country. That parole counts as a lawful entry, which then satisfies the admission requirement for adjustment of status under INA Section 245(a). This strategy is sometimes called the "I-512T workaround," and it has been a game changer for TPS holders who entered without inspection. However, it comes with risks. Traveling abroad carries the possibility that you could be denied reentry, and the current political climate makes the outcome of any travel application uncertain. Anyone considering this pathway should consult an experienced immigration attorney before making plans. "The I-512T workaround allows TPS holders who entered without inspection to travel abroad and return with a lawful parole record, creating eligibility for Green Card adjustment that did not exist before July 2022." Pathway 2: Asylum Asylum is available to individuals who are already in the United States and who can demonstrate a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. For TPS holders whose home countries are experiencing violence, political instability, or targeted persecution, asylum may be an option. The One-Year Filing Deadline. Asylum applications must generally be filed within one year of the applicant's last arrival in the United States. For TPS holders who have been in the country for years or decades, this deadline has long passed. However, there are exceptions. Changed circumstances in the home country can restart the clock or excuse the late filing. TPS itself can be considered an "extraordinary circumstance" that prevented timely filing, especially if the applicant reasonably believed that TPS provided sufficient protection and did not know about the asylum option. Additionally, the termination of TPS for a country, combined with evidence that conditions in the home country have worsened, can serve as the basis for a changed circumstances argument. The Post-Mullin Landscape. After Mullin v. Doe, asylum has taken on new importance because it is one of the few forms of relief that is not directly affected by the termination of TPS. An asylum application is an independent legal claim based on the conditions in your home country and your personal risk of persecution. It does not depend on the DHS Secretary's decision about country conditions for TPS purposes. This independence makes asylum a particularly valuable option in the current environment. Employment Authorization for Asylum Applicants. Asylum applicants become eligible for an employment authorization document (EAD under category C08) 180 days after filing a complete asylum application, provided the application has not been denied within that period. This means that even if your TPS EAD expires, you may be able to obtain a new work permit through the asylum process. It is important to be honest with yourself about whether you meet the legal standard for asylum. Generalized violence or poor economic conditions are not enough. You must show that you face persecution based on one of the five protected grounds. An experienced attorney can help you evaluate whether your circumstances meet the threshold. Pathway 3: Employment-Based Sponsorship For TPS holders who have established careers in the United States, employment-based Green Card sponsorship may be an option. This pathway requires an employer to sponsor you for a permanent position and to go through the labor certification process (for most categories) to demonstrate that there are no qualified U.S. workers available for the job. EB-1 (Priority Workers). This category covers individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational executives and managers. It does not require labor certification. Most TPS holders will not qualify for this category unless they hold a truly exceptional professional profile. EB-2 (Advanced Degree or Exceptional Ability). This category covers professionals with advanced degrees (master's or higher) or those with exceptional ability in the sciences, arts, or business. It typically requires labor certification and a job offer, though a National Interest Waiver may be available for individuals working in fields that benefit the U.S. national interest. EB-3 (Skilled Workers, Professionals, and Other Workers). This is the most accessible category for TPS holders in skilled trades, healthcare, construction, and other professions. It requires a job offer and labor certification. For skilled workers, the position must require at least two years of training or experience. For professionals, a U.S. bachelor's degree or its foreign equivalent is required. The Lawful Entry Requirement Again. Just as with family-based petitions, employment-based adjustment requires a lawful entry or parole. The I-512T travel solution described above applies equally here. If you entered without inspection and obtain advance parole to travel and return, the parole record created upon your return will satisfy the admission requirement for employment-based adjustment as well. "Asylum applications are independent legal claims that do not depend on the DHS Secretary's decision about TPS. This independence makes asylum a particularly valuable option after Mullin." Pathway 4: U Visas and VAWA Petitions For TPS holders who have been victims of certain crimes or domestic violence, two specialized forms of relief may be available. U Visas. The U visa is available to individuals who have suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity (including domestic violence, sexual assault, kidnapping, trafficking, and other serious crimes) and who have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. The U visa provides temporary lawful status for up to four years and a pathway to a Green Card after three years of continuous presence. It also provides work authorization during the validity period. For TPS holders who have been victims of crime and have cooperated with law enforcement, this is an option worth exploring. VAWA (Violence Against Women Act) Petitions. VAWA allows certain non-citizen victims of domestic violence to self-petition for lawful permanent residence without the abuser's knowledge or involvement. To qualify, you must have been married to a U.S. citizen or lawful permanent resident who subjected you to battery or extreme cruelty, or you must be the parent of a child who was subjected to such abuse. VAWA petitions are filed on Form I-360, and if approved, they allow you to eventually apply for a Green Card. VAWA is not limited to women; men who have suffered domestic violence at the hands of a qualifying relative also qualify. Both U visas and VAWA petitions offer something that many other pathways do not: they do not require a lawful entry. These forms of relief were designed to provide protection to victims regardless of how they entered the United States, which makes them particularly valuable for TPS holders who entered without inspection. Pathway 5: Special Immigrant Juvenile Status For TPS holders who are under 21 years old and unmarried, and who have been abused, neglected, or abandoned by one or both parents, Special Immigrant Juvenile Status may be an option. SIJS requires a state juvenile court order finding that reunification with one or both parents is not viable due to abuse, neglect, or abandonment, and that it is not in the child's best interest to return to their home country. Once the juvenile court order is obtained, the individual can file Form I-360 with USCIS. If approved, SIJS provides a pathway to a Green Card. This pathway is relevant to the thousands of TPS holders who arrived in the United States as children and have grown up under TPS. The National TPS Alliance notes that approximately 68,000 TPS holders from El Salvador and Honduras arrived in the U.S. as children under the age of 16. Some of these individuals may qualify for SIJS if they can demonstrate the required findings in juvenile court. Pathway 6: Cancellation of Removal For TPS holders who are placed in removal (deportation) proceedings, cancellation of removal under INA Section 240A(b) is a potential defense. To qualify, you must show that you have been continuously physically present in the United States for at least 10 years, that you have good moral character, that you have not been convicted of certain crimes, and that your removal would cause "exceptional and extremely unusual hardship" to a U.S. citizen spouse, parent, or child. The hardship standard is very difficult to meet. The Board of Immigration Appeals has held that the hardship must be "substantially different from, or beyond, that which would normally be expected from the deportation of an alien with close family members here." Financial hardship alone is not enough. The hardship must be exceptional, and it must be to a qualifying relative, not to the applicant themselves. For TPS holders with U.S. citizen children who have serious medical conditions or educational needs that would be disrupted by removal, this pathway may be viable. For most others, cancellation of removal is a long shot. "U visas and VAWA petitions offer something that many other pathways do not: they do not require a lawful entry. They were designed to protect victims regardless of how they entered the United States." The Big Picture: What Every TPS Holder Should Do Now The range of options can feel overwhelming, but the steps are straightforward. Every TPS holder should do three things. First, get a comprehensive legal screening. The only way to know which pathways are available to you is to have an accredited attorney or DOJ-recognized representative review your complete immigration history, family relationships, employment history, criminal record (if any), and any past experiences with crime or domestic violence. Many legal aid organizations offer free or low-cost screenings. Do not rely on advice from social media, friends, or notarios. Immigration law is complex, and a mistake can have permanent consequences. Second, gather your documents. Every pathway requires evidence. Start collecting your passports, birth certificates, marriage certificates, tax returns, pay stubs, medical records, school records, and all past USCIS correspondence including your A-Numbers. If you have ever been a victim of a crime, gather police reports, court documents, and any letters from law enforcement confirming your cooperation. If you have evidence of changed conditions in your home country, such as news articles, human rights reports, or country condition documentation from the State Department or UNHCR, start compiling it. Third, if you entered without inspection, talk to an attorney about the I-512T pathway now. The advance parole strategy that allows you to create a lawful entry record is one of the most important developments in TPS law since 2022. But it requires careful planning, and the legal landscape after Mullin adds uncertainty. An experienced attorney can help you evaluate whether the I-512T strategy is right for your specific situation and how to manage the risks. For organizations tracking the legal needs of TPS communities and coordinating screening and outreach efforts, tools like PROVEN help map where affected populations are concentrated, identify gaps in legal service availability, and track outcomes across different pathways. Data informed coordination is especially important in the post-Mullin environment, where hundreds of thousands of people may need legal screenings simultaneously and resources are stretched thin. Understanding who needs what kind of help, and where they are located, allows advocates and legal service providers to deploy resources where they will have the greatest impact. What Many People Get Wrong • TPS Alone Does Not Give You a Green Card This is the most persistent myth and it was definitively rejected by the Supreme Court in Sanchez v. Mayorkas. TPS is a temporary humanitarian status, not a pathway to permanent residence. If you obtain a Green Card, it will be through a separate legal pathway, not through TPS itself. • You Can Pursue Asylum Even if TPS Is Ending Asylum is an independent legal claim based on your personal fear of persecution. It does not depend on the TPS designation of your country. If you have a valid asylum claim, the termination of TPS does not affect it. And TPS can serve as an extraordinary circumstance to excuse a late asylum filing. • The I-512T Travel Strategy Is Real But Risky Since July 2022, TPS holders who entered without inspection have been able to use advance parole to create a lawful entry record for adjustment of status. This is a legitimate legal strategy, but it requires careful planning and carries real risks, including the possibility of being denied reentry. Do not attempt it without an attorney. • You Do Not Have to Leave the U.S. to Apply for Asylum Asylum is an affirmative application filed with USCIS from within the United States. You do not need to leave the country, cross a border, or enter through a port of entry to apply. If you are physically present in the U.S., regardless of how you entered, you can file for asylum. By the Numbers 1.3M Total TPS holders across 17 countries (Mar 2025) 331K Haitian TPS holders facing termination Jul 27, 2026 390K U.S. citizen children with a TPS parent Age 21 Minimum age to sponsor a parent for a Green Card $36B Annual GDP contribution by TPS holders 89% Labor force participation rate (Salvadoran TPS) Timeline 1990. TPS created under the Immigration Act of 1990. El Salvador becomes the first designated country. 2001. El Salvador redesignated after earthquakes. Designation continues to present, spanning 25+ years continuously. 2010. Haiti designated after 7.0 magnitude earthquake. Syria designated in 2012. Nepal in 2015. Yemen in 2015. 2017 to 2020. First Trump administration announces terminations for Nicaragua, Haiti, Sudan, El Salvador, Honduras, and Nepal. Ramos v. Nielsen blocks terminations with preliminary injunction. 2021. Sanchez v. Mayorkas — Supreme Court unanimously holds TPS alone does not count as "admission" for Green Card adjustment. 2021 to 2024. Biden administration rescinds Trump-era terminations. Venezuela, Ukraine, Afghanistan, Cameroon, and Ethiopia designated. July 2022. USCIS issues Policy Alert PA-2022-20, clarifying that TPS holders who entered without inspection can use advance parole (I-512T) to create a lawful entry record for adjustment. 2025 to 2026. Second Trump administration announces mass terminations. Courts issue stays. Mullin v. Doe(June 25, 2026) rules 6-3 that courts cannot review TPS termination decisions. Haiti and Syria protections likely end July 27, 2026. El Salvador, Ukraine, Sudan decisions pending. Why This Matters The end of TPS for hundreds of thousands of people is not just a legal event. It is a human event. Behind every case number is a parent who has worked in a nursing home for fifteen years. A child who has only known life in the United States. A business owner who has built something from nothing. A community that has put down roots, paid taxes, and contributed to the fabric of American life for decades. The legal pathways described in this article exist, but they are not equally accessible to everyone. Family-based petitions require a qualifying relative who is willing and able to sponsor you. Employment-based sponsorship requires an employer who is willing to go through the labor certification process. Asylum requires a well-founded fear of persecution on a protected ground. U visas require cooperation with law enforcement. None of these options is easy, and none is guaranteed. But knowing what is possible is the first step toward finding a path forward. For the Haitian community, the Salvadoran community, the Honduran community, and every other TPS community facing termination, the message from advocates is consistent: do not give up. Get screened. Get organized. Get help. The system is stacked against you in many ways, but there are still people fighting for you, laws that protect you, and pathways that can work if you have the right guidance and the right documents. The fight is not over. It has just moved to a new arena.

Works Cited U.S. Citizenship and Immigration Services. "Temporary Protected Status." USCIS.gov, uscis.gov/humanitarian/temporary-protected-status. Congressional Research Service. "Temporary Protected Status and Deferred Enforced Departure." RS20844, Aug 28, 2025, everycrsreport.com. Sanchez v. Mayorkas, 593 U.S. 409 (2021). supremecourt.gov. Mullin v. Doe, No. 25-1083 (U.S. Jun 25, 2026). supremecourt.gov. American Immigration Council. "Temporary Protected Status: An Overview." AmericanImmigrationCouncil.org, americanimmigrationcouncil.org/fact-sheet/temporary-protected-status-tps-overview. CLINIC. "Practice Advisory: Adjustment Options for TPS Beneficiaries." Jul 2022, cliniclegal.org. FWD.us. "Temporary Protected Status Report." Apr 21, 2026, fwd.us/news/temporary-protected-status-report. Penn Wharton Budget Model. "TPS Impact Analysis." Nov 19, 2025, budgetmodel.wharton.upenn.edu. National TPS Alliance. nationaltpsalliance.org. ILRC. "TPS Resource Hub." ilrc.org/tps.