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USCIS issues guidance on TPS and eligibility for adjustment of status

  1. Date Announced

    Oct. 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]

    View Policy Document View Policy Document View Policy Document
  2. Effective Date of Change

    Oct. 6, 2020
  3. Subsequent Action

    October 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.**

    Velasquez v. Barr (8th Cir. No. 19-1148, Oct. 27, 2020)
Status: Final/Actual
Subject Matter: TPS Immigrant Visas
Agencies Affected: USCIS AG

Prior Policies

  • 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

Subsequent Action

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