TPS Settlement Eligibility

This form is designed to help you determine whether you meet the basic requirements to benefit from the settlement agreement in CARECEN v. Jaddou, a legal challenge brought on behalf of and for the benefit of certain Temporary Protected Status beneficiaries with prior removal orders who traveled on advance parole.

THIS DOES NOT CONSTITUE LEGAL ADVICE AND IS NOT A SUBSTITUE FOR LEGAL ADVICE. YOU MAY WISH TO CONSULT WITH A LICENSED IMMIGRATION LEGAL PRACTITIONER TO EVALUATE YOUR CASE.

HOW DO I KNOW IF I QUALIFY?

To determine your eligibility, complete the following form.

In order to qualify for relief under the settlement, you must be able to answer yes to ALL questions.

1) I currently have TPS.



2) I have a basis to apply for adjustment of status with USCIS.



Note: This includes, but is not limited to, individuals who are the beneficiary of a pending or approved visa petition (Form I-130) filed by an immediate relative. An immediate relative is one of the following: 1) a US Citizen spouse, OR 2) a US Citizen son or daughter who is at least 21 years old, OR 3) a US Citizen parent, if you are unmarried and under 21 years old. If you don't have an approved visa petition yet but you have a relative that fits inot of the 3 categories, you can still try to qualify by filing the petition immediately.

3) I have an order of removal, deportation, or exclusion by an Immigration Judge.



Note: While you cannot benefit from the CARECEN Settlement Agreement if you lack an order of removal or deportation, you may have other options to seek a green card. If you are in active removal proceedings, you may be able to apply for adjustment of status before the Immigration Judge. If your proceedings are administratively closed, you may be able to file a motion to recalendar and, once the proceedings are recalendared, seek adjustment of status before the Immigration Judge. Alternatively, you may seek dismissal of your proceedings in either of these scenarios and seek adjustment before USCIS.

4) I traveled on advance parole granted to me by USCIS after my removal/deportation/exclusion order was issued.



Note: If you have not yet traveled on advance parole or traveled on or after August 20, 2020, and you have answered Questions 1-3, you should immediately seek the advice of a legal practitioner to evaluate your case further. Under current USCIS policy, you may not be eligible for adjustment of status. However, that policy may change, and it may be possible to seek advance parole now in order to preserve the possibility of benefitting from this agreement in the future.

Yes, You Qualify.

Here is some information to help you apply for your green card under the settlement.

In order to seek your green card in the United States, the following steps are required. If you may be eligible under the settlement, you should take these steps as soon as possible.

  • 1. You must complete the attached model joint motion to reopen and dismiss your prior removal order and send it to the ICE Office of the Principal Legal Advisor (OPLA) with jurisdiction over the Immigration Court that issued your prior order of removal or deportation. A list of regional ICE field offices can be found here. Additional instructions can be found here.
  • 2. ICE OPLA should review the motion and return it to you within 90-120 days.
  • 3. If ICE OPLA approves the motion, file the motion with the Immigration Court where the Immigration Judge issued your order of removal or deportation.
  • 4. After the Immigration Judge rules on the motion, file a copy of that motion with your I-485 adjustment of status (green card) application with USCIS. Additional instructions can be found here, including instructions on what to do if you have an application that has already been denied.
Where can I go for more help?

You may contact an immigration lawyer or non-profit agency that provides immigration services. The Department of Homeland Security provides information about finding legal assistance on its websites. You may also call CARECEN at 202-328-9799 or send a message to legal@carecendc.org. Due to the number of inquiries, it may take several days to receive a response, but all inquiries will receive a response. Please check the CARECEN website and the Democracy Forward website for any updates.

No, You Do Not Qualify.

The terms of this settlement do not apply to your situation and circumstances.

For more help, you may contact an immigration lawyer or non-profit agency in your local area that provides immigration service. If you live in the Washington DC metropolitan area, you can also call CARECEN at 202-328-9799 or send a message to legal@carecendc.org. Due to the amount of inquiries, it may take several days to receive a response, but all inquiries will receive a response. If CARECEN cannot help you with your case, every attempt will be made to connect you with a legal provider in your area. Please check the CARECEN website and the Democracy Forward website for any updates.

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