Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents | American Immigration Council

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).

Source: Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents | American Immigration Council

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Practicing immigration law since 2001 and employment discrimination law since 2004. His office offers free email and phone consultations. Please call (312) 663-1560 or email him at justin@jrandolphlaw.com. Don't forget to visit his website for answers to common questions or to contact him for a free consultation.

Author: Justin G. Randolph

Practicing immigration law since 2001 and employment discrimination law since 2004. His office offers free email and phone consultations. Please call (312) 663-1560 or email him at justin@jrandolphlaw.com. Don't forget to visit his website for answers to common questions or to contact him for a free consultation.