Original Date AnnouncedOctober 6, 2020
USCIS 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 admission of TPS beneficiaries subsequent to authorized travel does not count as a valid admission 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 DateOctober 6, 2020
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