Date AnnouncedJuly 31, 2019
USCIS releases policy memorandum on Matter of H-G-G- reaffirming that TPS recipients have lawful status during the period that TPS is in effect but that TPS does not confer an admission, constructive or otherwise, or cure any previous failure to maintain continuously a lawful status for adjustment of status eligibility. USCIS personnel to follow the ruling of Ninth and Sixth Circuits that hold grant of TPS constitutes admission for adjustment purposes only in those jurisdictions and will apply Matter of H-G-G- in all other jurisdictions.
[ID #91]View Policy Document
Effective Date of ChangeJuly 31, 2019
Subsequent ActionOctober 27, 2020
The Eighth Circuit held that TPS recipients have been "inspected and admitted" and that they therefore may adjust status to Lawful Permanent Resident. The Eighth Circuit joins the Sixth and Ninth Circuits in this interpretation, and specifically rejects USCIS's interpretation as outlined in Matter of H-G-G-.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**Velasquez v. Barr (8th Cir. No. 19-1148, Oct. 27, 2020)
Matter of H-G-G- reaffirms USCIS policy that a noncitizen who entered the United States without inspection cannot satisfy the requirements to adjust their legal status in the United States, notwithstanding a grant of TPS.Temorary Protected Status (56 Fed. Reg. at 23,495, May 22, 1991)
- Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013)
- Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017)