Certain Temporary Protected Status (TPS) Recipients with Orders of Removal or Deportation Seeking Adjustment of Status With USCIS
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 proceeding to terminate your order of removal or order of deportation, if you are a TPS recipient with a removal or deportation order who traveled and returned with government authorization while in TPS, and:
- You intend to apply or have filed an application for adjustment of status with USCIS; or
- USCIS already denied your application to adjust status solely because:
- We do not have jurisdiction over your application because of your removal or deportation order; or
- We do not have jurisdiction over your application because of your removal or deportation order and you have waivable grounds of inadmissibility, but a waiver was not filed or adjudicated.
If your removal or deportation order is terminated through this proceeding, and if you have already applied to adjust status with USCIS and been denied solely for the reasons listed above, you may either:
- File a new Form I-485, Application to Register Permanent Residence or Adjust Status; or
- Move to reopen your denied application for adjustment of status with USCIS at any time by filing a motion to reopen on Form I-290B, Notice of Appeal or Motion. 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.
If you need legal advice on your immigration case, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice recognized organization can give you legal advice. “Notarios,” notary publics, immigration consultants and businesses cannot give you immigration legal advice unless they are authorized service providers. Visit USCIS’ webpage for information on how to Find Legal Services and Avoid Scams.
Other Noncitizens With Orders of Removal or Deportation Seeking Adjustment of Status With USCIS
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 proceeding to terminate the removal or deportation order.
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.