On July 22, 2020, the Third Circuit Court of Appeals decided Sanchez v. Department of Homeland Security (DHS). Mr. Sanchez has been a client of Aparisi Law since 2013 and we filed for his adjustment of status based upon an immigrant worker petition filed by his employer. USCIS denied his adjustment to that of a permanent resident because he had previously entered the United States unlawfully, and, therefore, was ineligible for an employment based permanent resident card because he had incurred prior immigration violations. We took the case to U.S. District Court in New Jersey and won. Federal Judge Kugler found in favor of Mr. Sanchez, ruling that the grant of Temporary Protected Status or TPS is the equivalent to an inspection and admission into the United States; therefore, paving the way for his adjustment of status. DHS appealed the decision to the third circuit who sided with the agency and against two precedent decisions from the 9th and 6th Circuits.
Because of the circuit split in this issue, various Supreme Court litigators from across the country have reached out to us to assist in filing a Petition for Certiorari to the United States Supreme Court. The Court has original jurisdiction, meaning that they pick and choose the cases they wish to hear. Aparisi Law has decided to partner in this case with the prestigious, well-known firm of Williams and Connolly. We look forward to filing a petition for Certiorari to the court very soon.
The implications of a potential reversal by the U.S. Supreme Court are enormous for the hundreds of thousands of people who currently have TPS or were in TPS status previously. Specifically, it would allow immigrants who entered unlawfully to adjust their status in the United States once their U.S. Citizen children turn 21 or when they marry a U.S. citizen. Currently, adjustment is only the case where those with TPS have travelled on advance parole and entered the U.S. lawfully. This decision would also open the door for immigrant worker petitions for individuals with TPS. That means that those immigrants who are sponsored by an employer may obtain permanent residence despite their original unlawful entry. Stay tuned, as we will update you on the Court’s decision as we receive it.
