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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 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)
  2. Effective Date

    October 6, 2020

Current Status

Fully in Effect

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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