Undocumented immigrants protected by Temporary Protected Status (TPS) are eligible to apply for adjustment of status and obtain lawful permanent residency if they receive permission to travel abroad and then return to the United States.
This was announced by the Office of Citizenship and Immigration Services (USCIS) on Friday. The agency indicated that the decision was made by the Immigration Service’s Administrative Appeals Office (AAO) after reviewing the brief case Z‑R‑Z‑C-.
According to the new policy, “the service will no longer use the advance parole mechanism to authorize travel for DPS beneficiaries, but will instead issue a new travel authorization document.”
The document also states, “It serves as proof of prior approval for travel as set forth in the Immigration Act (NA 244(f)(3)) and serves as proof that the bearer has been screened and admitted as a TPS holder. with MTINA (Miscellaneous Immigration and Naturalization Technical Amendments of 1991) if all other requirements are met,” it added.
“Inspected and Admitted means that a TPS holder, once presented at a port of entry after authorized travel abroad, is lawfully admitted to the United States. That entry is what allows you to adjust,” explains Jose Guerrero, an immigration attorney practicing in Miami, Florida.
But Guerrero cautions, “Do not automatically grant residency (green card or green card) for admission upon departure and upon return to apply for residency. The alien must have a legal means to do so, such as a petition from a U.S. spouse, that entitles him to apply for residency.
TPS holders with U.S. citizen children over the age of 21 are also eligible.
Matter ZRZC—A TPS beneficiary authorized to travel abroad temporarily pursuant to section 244(f)(3) of the Immigration Act (INA) reinstates it upon re-entering the United States using a USCIS travel document. The same immigration status as the alien had at departure, unless the alien is inadmissible for some criminal or national security reason or has received an immigrant or nonimmigrant visa and gifts of entry into the country.
By revoking the Matter ZRZC, TPS beneficiaries will be screened and admitted upon return after processing and receiving a new travel document from USCIS.
“Occurs in the United States pursuant to a lawful entry” which would allow the use of that lawful entry “including for purposes of adjustment of status under section 245 of the INBA.”
“This is true even if the TPS beneficiary was not enrolled or on parole when TPS was initially granted,” the memo added.
The agency further explained that “in deciding an application for adjustment of status or any other applicable benefit application, it will consider whether to apply this guidance to travel undertaken by the applicant prior to the issuance of this memorandum” (precedence).
“This consideration will include a case-by-case review of any reliance on prior policy, applicable law and other factors relevant to the application of this guidance to prior travel,” it said.
The new policy also specifies that a TPS holder must meet each of the following requirements upon travel and return to the United States to be eligible for consideration under this guideline:
- Received prior authorization to travel abroad temporarily as a TPS beneficiary;
- The non-citizen’s TPS has not been revoked or their designation to a foreign state (or part of a foreign state) has not been terminated or expired during their trip;
- The noncitizen returned to the United States pursuant to a travel authorization; Y
- Upon return, the noncitizen is inspected, paroled, or otherwise authorized to enter the United States at a port of entry designated by the former Immigration and Naturalization Service (INS) or Department of Homeland Security (DHS). TPS based travel authorization.
In turn, the new USCIS policy guide states that it does not apply to:
- Travel by non-citizens whose TPS is not valid for the duration of the trip;
- who traveled without prior authorization under INA 244(f)(3);
- Who is not returned pursuant to prior authorization under INA 244(f)(3);
- who are not screened at the designated port of entry;
- Who is inadmissible for the reasons set forth in INA 244(c)(2)(A)(iii) upon return from an authorized trip? me
- Those who have been paroled or authorized to enter the United States on a basis other than a TPS-based travel authorization.
In response to the Supreme Court judgment
For Alex Galvez, an immigration attorney practicing in Los Angeles, California, the reversal of Matter Z‑R‑Z‑C by the Administrative Appeals Office (AAO) “is a reflection of the Supreme Court’s decision last year. , unanimously ruled that DPS holders do not have access to green cards.
In a 9-0 decision, the Supreme Court ruled that Temporary Protected Status (TPS) holders who entered the country illegally are ineligible to become lawful permanent residents.
The Justices noted that eligibility for citizenship under the Immigration and Nationality Act (INA) generally requires “admission” into the country, defined as “the lawful entry of an alien into the United States after inspection and authorization by an immigration officer.”
Therefore, they determined that TPS “does not eliminate the effect of illegal entry” (in cases where the benefit holder entered the United States without authorization).
Galvez said that by canceling the ZRZC case, the government is “combating the damage caused by the high court”. Now U.S. spouses and parents of spouses and children of legal age can travel outside the country with permission and return and adjust their status upon admission.
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DPS was created by Congress in 1990 and is available to qualified aliens in the United States who are nationals or individuals of a foreign state.
A country designated for TPS by citizens last residing there and by the Secretary of Homeland Security (formerly the Attorney General).
USCIS explains that TPS designations are discretionary, but the Secretary must first determine that “conditions in the country meet the statutory criteria that the designation is based on an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions.”
Noncitizens who meet legal criteria may receive TPS regardless of their immigration status, during deportation proceedings or after deportation has been ordered, and regardless of their form of entry.
While TPS lasts, beneficiaries are protected from deportation by DHS and are authorized to work in the United States for the duration of the protection from deportation. They are also eligible to travel abroad with prior authorization from DHS through USCIS.
