Adjustment of Status and TPS

Adjustment of Status and TPS

Adjustment of Status and TPS

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9th Circuit Court of Appeals:  TPS Adjustment of Status – TPS Recipient Is Eligible to Adjust to LPR Status

Adjustment of Status and TPS:   I have TPS.  Can I apply for Adjustment of Status (Lawful Permanent Residency) in the U.S.? IT DEPENDS

Adjustment of Status and TPS: The recent 9th Circuit Court of Appeals decision, Ramirez v. Brown, holds that Temporary Protected Status (TPS) is lawful status, that the granting of TPS is an admission, and therefore a TPS grantee is eligible for adjustment of status if all other requirements are met.  What does that mean?  If you have TPS, and are otherwise eligible to get your green card (lawful permanent residence), you may apply for a green card in the U.S.  This is great news for many.  However, USCIS and DOJ may apply this decision in various ways.  You should always consult with an experienced immigration attorney.

The court held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence. (Ramirez, et al. v. Brown, et al., 3/31/17)

Adjustment of Status and TPS: The Sixth Circuit has also reached this same conclusion regarding a TPS Adjustment of Status and that a TPS grant is an “admission.” See Flores v. U.S. Citizenship & lmmigration Services, 71 8 F. 3d 548 (6th Cir. 2013).

You should always consult with an experienced immigration attorney before filing any application and not rely on information on various websites.  This information does not constitute legal advice.

 

 

 

 

 

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Adjustment of Status and TPS
Los Angeles TPS Attorney – Los Angeles Adjustment of Status Attorney – Los Angeles Immigration Attorney