USCIS Updates Policy Guidance on TPS and Eligibility for Adjustment of Status Under INA §245(a)

USCIS is updating policy guidance in the USCIS Policy Manual regarding whether TPS beneficiaries are eligible for adjustment of status under §245(a) of the INA. Comments are Due November 6, 2020.

Policy Highlights

  • Reaffirms USCIS’s long-standing interpretation, affirmed by the Third and Eleventh Circuit Courts of Appeal, that a grant of TPS is not an admission for INA 245(a) adjustment purposes.
  • Clarifies that the applicability of the decisions in the Sixth and Ninth Circuits is limited to those jurisdictions.
  • Incorporates Matter of Z-R-Z-C, which held that generally TPS beneficiaries who travel outside the United States with prior authorization pursuant to INA 244(f)(3) and return to the United States resume the same immigration status they had when they departed, and therefore by virtue of that travel are not considered inspected and admitted or inspected and paroled for purposes of INA 245(a).

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Cite as AILA Doc. No. 20100635.

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