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Original Date Announced
October 6, 2020USCIS updates its Policy Manual with guidance regarding the eligibility of recipients of temporary protected status (TPS) for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). USCIS reaffirms that TPS is not an admission for adjustment under section 245(a) and limits the applicability of a contrary position to the Sixth and Ninth Circuits. The guidance also states that the inspection and return of TPS beneficiaries subsequent to authorized travel does not count as a valid inspection and admission or inspection and parole for purposes of section 245(a), incorporating the decision in Matter of Z-R-Z-C. [ID# 1080]
USCIS Policy Manual - Volume 7, Part B, Chapter 2 (as of October 2, 2020) Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act USCIS Policy Manual - Volume 7, Part B, Chapter 2 (as of October 15, 2020)Effective Date
October 6, 2020Subsequent Trump and Court Action(s)
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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.**
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Biden Administration Action: Revoked/Replaced
July 1, 20222022.07.01 Matter of Z-R-Z-C- Rescission
On July 1, 2022, USCIS rescinded its designation of the AAO decision in Matter of Z-R-Z-C- as an adopted decision and updated its interpretation of the effects of authorized travel by TPS beneficiaries.
USCIS updated its guidance as follows:
- 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. This document will serve as evidence of the prior consent for travel contemplated in INA 244(f)(3) and serve as evidence that the bearer may be inspected and admitted into TPS pursuant to the Miscellaneous and Technical Immigration and Naturalization Amendments Act of 1991 (MTINA) if all other requirements are met.
- TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
Current Status
Not in effectMost Recent Action
July 1, 2022 Action: Revoked/Replaced 2022.07.01 Matter of Z-R-Z-C- RescissionJuly 1, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: TPS Immigrant VisasAssociated or Derivative Policies
Pre Trump-Era Policies
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May 22, 1991
Longstanding USCIS policy states 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.
Federal Register Temporary Protected Status
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
2022.07.01 Matter of Z-R-Z-C- Rescission
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