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By: Jennifer Fabian-Verzosa, Esq.
For so many people, Temporary Protected Status (TPS) has been a vital lifeline, providing safety, work authorization, and relief from deportation. If your TPS country designation is facing expiration or termination, this article will discuss whether an I-601 or I-601A Waiver might be something to consider.
What Happens if TPS Actually Expires?
When a country's TPS designation ends, beneficiaries generally revert to the same immigration status they held before receiving TPS—unless that status has since expired or has been terminated.
- If you had no lawful status before TPS (for example, if you entered without inspection), you will likely return to an undocumented status once TPS concludes.
- Without an active TPS designation, you will lose your Employment Authorization Document (EAD) and your protection from deportation.
Because of these steep consequences, it is critical to look for independent pathways to permanent residency before your TPS expires. For many, the most viable route involves family-based sponsorship.
Moving from TPS to a Green Card: The Waiver Route
If you are married to a U.S. citizen (USC) or a Lawful Permanent Resident (LPR), or if you have a USC or LPR parent, you may have a path to a green card. However, the process is not a straight line.
Many TPS holders originally entered the U.S. without inspection (EWI) or overstayed a visa before receiving protection. Under immigration law, staying in the U.S. without status accrues unlawful presence. If you have to leave the U.S. to attend a green card interview at an embassy abroad, departing can trigger an automatic 3-year or 10-year bar from re-entering.
To help resolve this, the government allows certain individuals to apply for "forgiveness" through an I-601 or I-601A Extreme Hardship Waiver.
It is critical to look for independent pathways to permanent residency before your TPS expires. For many, the most viable route involves family-based sponsorship.
I-601 vs. I-601A: What is the Difference?
Depending on your specific situation, you will use either Form I-601 or Form I-601A to apply for the waiver. The I-601A Waiver is for individuals inside the United States, and you apply before you leave for your consular interview. It is only to waive unlawful presence bars. Although the I-601 Waiver can be for individuals inside and outside the United States, it can also be used to waive more than just unlawful presence, such as other immigration violations like fraud, misrepresentation, or certain criminal grounds. Fortunately, many TPS holders already have very clean records, because certain crimes or violations would not even have qualified them for TPS in the first place. It is an excellent idea to discuss your individual case history with an immigration attorney to ascertain if there are any potential roadblocks.
- The Core Requirements: Qualifying Relatives & Extreme Hardship
Applying for either waiver is a highly rigorous, document-intensive legal process. You cannot simply file the paperwork and state that you love your family; you must meet very specific statutory standards.
First, you must have a
Qualifying Relative: a U.S. citizen or Lawful Permanent Resident Spouse or Parent.
Second, you must show that family separation will cause more than just anxiety, and financial strain to your Qualifying Relative. That is just considered "ordinary" hardship to U.S. immigration. Instead, to qualify for a waiver, you must prove that the hardship your Qualifying Relative will face is “Extreme Hardship”. This is a high standard. An immigration attorney can help you determine what documents you need for your individual case to help meet the standard.
Effect of the New Adjustment of Status Policy Shift Toward Consular Processing
It is also important to note that the new USCIS Policy Memorandum (PM-602-0199) issued on May 21, 2026, reframes how immigration officers review adjustment of status application (green card applications filed from within the U.S.).
For TPS holders with qualifying relatives, this policy may impact your initial strategy. Historically, if a TPS holder married to a U.S. citizen, adjusting status from within the U.S. would have been clearly preferable to avoid the risks of traveling abroad.
However, this new USCIS policy increases the risks of potential denial of adjustment of status for even TPS holders married to U.S. citizens, unless your application can tip the balance and show that positive factors or equities exceed any adverse factors, such as an overstay and any immigration violations. Whether your individual case tips the scale is based on each individual USCIS officer’s discretion. The officer will review your entire case file under the "totality of the circumstances".
This new policy has resulted in more applicants potentially considering the I-601A and I-601 Waiver routes as an alternative pathway to a green card, even if it takes much longer.
- Take Action Early
The waiver application process requires an immense amount of documentation, and is very individual-specific—think medical records, expert psychological evaluations, affidavits, and detailed financial and hardship documents. Because current USCIS processing times for waivers can take years, it is vital to start planning the moment you anticipate your TPS might be at risk. For many TPS holders, the time to start considering your alternative options is now.
Not everyone can meet the waiver standards, and not everyone may qualify based on their unique background. However, an immigration attorney consultation can help you assess your unique case and potential challenges, and get your questions answered sooner than later.
If you are a TPS holder facing an uncertain future, do not lose hope. Consult with an immigration attorney to review your entry history and family ties. Mapping out a backup plan today is the best way to protect your life in the United States tomorrow.
Contact our
IMMIGRATION LAW OFFICE for assistance with determining whether an I-601 or I-601A Waiver might be an alternative route to permanent residency for your situation. We are compassionate and dedicated to helping you understand your options so you can move your life forward.
We provide both in-person and remote immigration legal services to clients
all over the United States.
Contact us today!
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**Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa, an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**
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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.
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