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Original Date Announced
August 20, 2020USCIS issues a policy memorandum which designates the Administrative Appeals Office's (AAO) decision in Matter of Z-R-Z-C- as an adopted decision, holding that a TPS recipient who is granted authorization to temporarily travel abroad under Immigration and Nationality Act (INA) §244(f)(3) will generally resume the same immigration status upon their return as at time of departure. TPS authorized travel will not satisfy the ‘inspected and admitted or paroled’ provision at INA §245(a). USCIS will only apply Matter of Z-R-Z-C- prospectively, starting August 20, 2020. [ID #1032]
Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020)Effective Date
August 20, 2020Subsequent Trump-Era and Court Action(s)
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November 8, 2021
2021.11.08 Gomez v. Jaddou Complaint
On November 8, 2021, a class of TPS holders brought suit in the Southern District of New York, challenging the Trump administration policy identified in this entry. The class alleges that USCIS's adoption of Matter of Z-R-Z-C-, which inhibits TPS holders' ability to obtain LPR status, was arbitrary, capricious, and contrary to the INA and its regulations.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**”
View Document
Biden Administration Action: Revoked/Replaced
July 1, 20222022.07.01 Rescission of Matter of Z-R-Z-C- as an Adopted Decision
This Biden administration policy rescinds in its entirety the Trump-era policy identified in this entry.
On July 1, 2022, USCIS issued a policy memorandum rescinding Matter of Z-R-Z-C- as an adopted decision and updating agency interpretation of the effects of authorized travel by TPS beneficiaries. The policy memorandum announced that USCIS will no longer use the advance parole mechanism to authorize travel for TPS beneficiaries, but will instead provide a new TPS travel authorization document, and those TPS beneficiaries inspected and admitted by DHS will be considered "inspected and admitted," including for the purposes of adjustment of status under INA § 245.
View DocumentCurrent Status
Not in effectMost Recent Action
July 1, 2022 Action: Revoked/Replaced 2022.07.01 Rescission of Matter of Z-R-Z-C- as an Adopted DecisionJuly 1, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual RescindedTrump Administration Action: Agency DirectiveSubject Matter: TPSAgencies Affected: USCISAssociated or Derivative Policies
Pre Trump-Era Policies
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January 1, 1991
In a 1991 General Counsel Opinion, INS made clear that a TPS holder who initially entered without inspection nevertheless would be found to satisfy INA § 245(a) if, after being granted TPS, he or she departed the United States and was permitted to return with an Advance Parole Travel Document issued pursuant to INA § 244(f)(3). The new policy memorandum does not change the General Counsel Opinion, but clarifies the jurisdiction of USCIS and the immigration courts over TPS adjustment cases.
INS 1991 opinions re TPS travel
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
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Subsequent Action
Original Source:
Gomez v. Jaddou complaint