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USCIS issues guidance on TPS and eligibility for adjustment of status

  1. Original Date Announced

    October 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)
  2. Effective Date

    October 6, 2020
  4. Biden Administration Action: Revoked/Replaced

    July 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    On July 1, 2022, USCIS rescinded its designation of the AAO decision in Matter of Z-R-Z-C- as an adopted decision and updated its interpretation of the effects of authorized travel by TPS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.
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Current Status

Not in effect

Most Recent Action

July 1, 2022 Action: Revoked/Replaced 2022.07.01 Matter of Z-R-Z-C- Rescission
July 1, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Agency Directive Change in Practice
Subject Matter: TPS Immigrant Visas
Agencies Affected: USCIS AG

Pre Trump-Era Policies

  • 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

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