Jennings Immigration Law Office

Court Decision Treats TPS Approval as Admission

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.