Residency Under Attack for TPS Beneficiaries
The attacks on immigrants by the Trump administration continues. There is a longstanding policy that allows TPS beneficiaries who travel while on advance parole to file for permanent residency. This policy allowing for an adjustment of status upon the return of traveling while on advance parole has now been reversed. Here at Aparisi Law, we welcome this new legal battle to fight against the hateful injustices perpetrated by this administration.
The AAO Decision
Consequently, on August 20, 2020, USCIS adopted the Administrative Appeals Office (AAO) decision in Matter of Z-R-Z-C and issued a policy memorandum. This policy memorandum addressed the eligibility requirements for TPS holders to adjust their status after traveling abroad. The new USICS policy regards TPS beneficiaries who travel abroad after being granted advance parole abroad. Those being paroled back into the United States are said to not satisfy the “inspected and admitted or paroled” eligibility requirement. This requirement is necessary to adjust their status to lawful permanent residence. USCIS has stated that this policy will only apply to TPS holders who returned to the US after August 20, 2020.
Call Aparisi Law Today
As of right now, current TPS holders remain eligible to seek permission to travel abroad. However, this new USCIS policy affects TPS holders’ eligibility to adjust status after they return. While we disagree with the legal reasoning applied by USCIS, this policy remains in effect for now. Only a federal court injunction can deem the policy invalid. If you are a TPS holder who wants to apply for an adjustment of status, contact us. We will discuss with you how to challenge this policy in federal court. That, or other alternative options that might be available to you.
*Please note that this blog post does not constitute legal advice. Please consult with a qualified attorney to discuss your matter.
