The 6th Circuit Court of Appeals just issued a new decision that significantly impacts TPS recipients. USCIS has long held that the grant of Temporary Protected Status (“TPS”) does not overcome an illegal entry into the United States for purposes of adjustment of status (the green card process). Rather, USCIS has stated that only if the TPS recipient obtained advance parole and was able to successfully leave and re-enter the U.S. under such parole would a sufficient “admission” be created. In Flores v. USCIS, the 6th Circuit Court of Appeals rejected that long-held policy and, relying on the plain language of the statute, held that the grant of TPS status did in fact create an “admission” into lawful status that allows the TPS recipient to adjust status to permanent residence if they are otherwise independently eligible to adjust their status. In layman’s terms, the TPS recipient was able to get his green card through his marriage to a U.S. citizen without leaving the United States even though he initially entered the U.S. illegally. If you are a TPS recipient living in Tennessee and are married to a U.S. citizen, now is the time to apply for permanent residence.
- The 30/60-Day Rule is Now the 90-Day Rule
- 3 Things to Know about President Trump’s Rescission of DACA
- New GOP-Authored Bill Seeks to Halve Legal Immigration to the U.S.
- What Steps Should International Students Take to Attend College in the U.S.?
- Tips for Avoiding Problems When Traveling Internationally This Summer
- Lawsuits Seek to Undo H-4, OPT Work Authorization Programs
1966 Act 2017 Diversity Visa Lottery action for parents of americans advance parole American Opportunity Tax Credit application Child Tax Credit court decision cuban daca dapa deadline dry foot E-Verify EB-5 Entrepreneurs executive orders fee fiance Foreign h-1b homeland security imm Immigration Reform Updates International Investment Visa IRS ITIN medical N-400 N-600 naturalization parole process program provisional restrictions TEA Trump unlawful presence USCIS visa visa waiver waiver wet foot