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 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 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
Biden Administration Action: Revoked/ReplacedJuly 1, 2022
2022.07.01 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On July 1, 2022, USCIS rescinded its designation of the AAO decision in Matter of Z-R-Z-C- as an adopted decision and updated its interpretation of the effects of authorized travel by TPS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 StatusNot in effect
Most Recent ActionJuly 1, 2022 Action: Revoked/Replaced 2022.07.01 Matter of Z-R-Z-C- RescissionJuly 1, 2022
Acted on by Biden Administration