Certain TPS Beneficiaries May Qualify for Adjustment of Status

woman filling out form

On July 1, 2022, USCIS published a Policy Memorandum that affected whether many Temporary Protective Status (TPS) beneficiaries can apply for permanent resident status (also known as adjustment of status). For nearly two years, USCIS had taken the position that a TPS beneficiary who departs the U.S. on TPS authorized travel, known advance parole, returns to the U.S. resuming the same status that she held before departing. In other words, if she had initially entered the U.S. without inspection before acquiring TPS, departs the U.S. and returns on advance parole, she resumes his or her status as one who entered without inspection. In such circumstances, she would be ineligible to apply for adjustment of status because she would not satisfy one of the adjustment requirements of “inspected, admitted or paroled.” The new Policy Memorandum, which reflects a 180-degree turn by USCIS, says that one who entered the U.S. without inspection before acquiring TPS, then departs the U.S. on advance parole, is inspected and admitted on TPS, and may now be eligible to apply for adjustment of status.

Here are some other highlights of the Memorandum:

  • Going forward, USCIS will issue TPS beneficiaries a new TPS travel authorization document, TPS Travel Authorization (Form I-512T) as evidence of the prior consent for travel.
  • USCIS will no longer be granting advance parole for TPS beneficiaries, and USCIS will no longer admit TPS beneficiaries on parole (also known as Form I-512L, Authorization for Parole of Alien into the United States).
  • Entry on the Form I-512T will constitute an admission that satisfies one of the requirements for adjustment of status.
  • TPS is deemed a “status,” such that one who returns to the U.S. on TPS Travel Authorization (Form I-512T) is present in the U.S. pursuant to a lawful admission.

If you had TPS, and traveled on advance parole, you may be eligible to apply for adjustment of status if you are not otherwise subject to other inadmissibility grounds. If you were previously in removal proceedings or have criminal convictions and/or other drug related offenses, please contact one of our attorneys at Brown Immigration Law. Otherwise, if you are a TPS beneficiary who seeks to learn more about the July 1, 2022, USCIS Policy Memorandum, schedule a consultation with Brown Immigration Law today.

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