Original 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]Policy Memorandum: *Matter of H-G-G-*, Adopted Decision 2019-01 (AAO July 31, 2019)
Effective DateJuly 31, 2019
Subsequent Trump-Era and Court Action(s)
October 27, 2020
Velasquez v. Barr (8th Cir. No. 19-1148, Oct. 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.**View Document