New USCIS Policy Alert on TPS and Eligibility for Adjustment of Status

Published: August 18, 2022

A new policy alert from the USCIS addresses how Temporary Protected Status (TPS) beneficiaries should gain authority to travel. Gaining the said authority may impact their eligibility for adjustment of status (informally known as “Green card” application) under section 245(a) of the Immigration and Nationality Act (INA). In the same vein, this policy alert also updates the USCIS Policy Manual to coincide with the U.S. Supreme Court decision in Sanchez v. Mayorkas, 141 S.Ct. 1809.

Sanchez v. Mayorkas Highlights

Some of the most important points declared in this case are as follows:

• When a TPS beneficiary is inspected and admitted into TPS following a return from authorized travel, they are eligible for purposes of adjustment of status under INA section 245(a) and 245(k).
• Past travel under advance parole can be considered an admission into TPS in specific circumstances.
• The U.S. Supreme Court identified what circumstances may the USCIS or EOIR exercise jurisdiction over adjustment of status applications following a TPS beneficiary’s inspection and admission into TPS after a return from authorized travel.
• DHS should first place a noncitizen in proceedings as an “arriving alien” before exercising jurisdiction over their adjustment application in removal proceedings.

Legal Effects

This change can heavily impact the immigration status of immigrants, especially those with pending adjustment of status applications. Please coordinate with immigration law firms like ALG Lawyers for an in-depth discussion on this matter.

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