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USCIS designates AG decision in Matter of H-G-G- as adopted policy

  1. Date Announced

    July 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
  2. Effective Date of Change

    July 31, 2019
  3. Subsequent Action

    October 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)
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: TPS Immigrant Visas
Agencies Affected: USCIS

Prior Policies

Subsequent Action

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