Adjustment Eligibility of Temporary Protected Status Holders After Return with Advance Parole, Even When Initial Entry Without Inspection

Adjustment Eligibility of Temporary Protected Status Holders After Return with Advance Parole, Even When Initial Entry Without Inspection

December 13, 2019

Some U.S. Citizenship and Immigration Services (USCIS) offices are denying adjustment applications of Temporary Protected Status (TPS) holders who initially entered without inspection and then, while holding TPS, traveled abroad on advance parole. In doing so, USCIS cites the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA), which amended the Immigration Act of 1990. Reportedly, some trial attorneys also are making this argument in removal proceedings where the individual seeks to adjust before an immigration judge.

This Practice Advisory provides practitioners with arguments as to why USCIS’ and ICE trial attorneys’ interpretation of the relevance of MTINA is wrong. These arguments can be used during an adjustment interview, or in response to a USCIS Notice of Intent to Deny (NOID), a Motion to Reconsider a denial, or a brief to an immigration judge or the Board of Immigration Appeals (BIA). These arguments also may be used in a federal court challenge to a denial of an adjustment application.

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