In a memorandum issued on Saturday, July 2, 2022, USCIS announced a new policy that will broaden a Temporary Protected Status (TPS) holder’s ability to permanently remain in the United States.
The memorandum announces USCIS rescinded its decision in Matter of Z-R-Z-C, which barred TPS beneficiary’s from using admittance to the United States after authorized travel as a way to satisfy the requirements to adjust status (file for a green card).
The new policy allows TPS holders who return to the United States after authorized travel to be considered “admitted and inspected” and “present in the United States pursuant to a lawful admission”. This will satisfy the law and give TPS holders a new path to apply for permanent residency within the United States.
USCIS may also allow past, authorized travel of a TPS holder to count towards adjustment of status if the travel satisfies the following requirements:
· The TPS holder obtained prior authorization to travel abroad temporarily on the basis of being a TPS beneficiary;
· The TPS was not withdrawn, terminated, or expired during the period of travel;
· The TPS holder returned to the United States in accordance with the authorization to travel; and
· Upon return, the TPS holder was inspected by immigration officers at a designated port of entry and paroled or otherwise permitted to pass into the United States in accordance with the TPS-based travel authorization.
If you are a TPS holder and have questions about your specific situation, please reach out to your MU attorney.