Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents

Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents

September 11, 2017
Two courts of appeals have held that a grant of Temporary Protected Status (TPS) may make an individual eligible for adjustment of status. In Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), and Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013), the courts held that a grant of TPS constitutes an “admission” for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). Thus, TPS recipients who initially entered without inspection (EWI) satisfy the “inspected and admitted or paroled” statutory requirement. INA § 245(a).
 
This practice advisory addresses the TPS recipients who are most likely to benefit from Ramirez and Flores; other general categories of family and employment-based adjustment applicants who benefit from these two decisions; and options that may be available to TPS recipients who do not live within these two circuits. 

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