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USCIS issues guidance to clarify the effect of travel by TPS beneficiaries with final orders

  1. Original Date Announced

    December 20, 2019

    USCIS issues policy alert, purporting to "clarify" that TPS beneficiaries who depart and return to the United States based on authorized travel (advance parole) remain in the same immigration status and circumstances as when they left the United States. The guidance further states that those TPS beneficiaries with final removal orders at the time of departure remain TPS beneficiaries with final orders upon lawful return and those beneficiaries in removal proceedings remain TPS beneficiaries in removal proceedings upon lawful return. This policy alert was issued while Ken Cuccinelli purported to serve as Acting USCIS Director and bears letterhead indicating that it is issued by the USCIS Office of the Director.

    [ID #118]

    Effect of Travel Abroad by Temporary Protected Status Beneficiaries with Final Orders of Removal
  3. Biden Administration Action: Modified

    March 21, 2022

    2022.03.21 CARECEN v. Jaddou, Civil Action No. 20-2363 (RBW), Stipulation of Settlement and Dismissal (D.D.C., March 21, 2022).

    This Biden administration action modifies the Trump-era policy identified in this entry.

    On March 21, 2022, as a settlement in the case CARECEN v. Jaddou, USCIS agreed to restore a path to permanent residency for many Temporary Protected Status (TPS) beneficiaries blocked by then-acting USCIS Director Ken Cuccinelli.

    View Document

Current Status

Not in effect
March 21, 2022
Acted on by Courts

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: TPS Immigrant Visas
Agencies Affected: USCIS ICE EOIR

Associated or Derivative Policies

Pre Trump-Era Policies

  • 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 guidance does not change the general counsel opinions, but clarifies the jurisdiction of USCIS and the immigration courts over TPS adjustment cases.

    INS 1991 opinions re: TPS travel

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