Can TPS Holders Adjust Their Status In The US?

Can TPS Holders Adjust Their Status In The US?Temporary Protected Status (TPS) holders typically can only lawfully remain in the U.S. if their countries continue to be designated as a county eligible for TPS. Countries currently eligible for TPS are Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Ukraine, Venezuela, and Yemen. TPS provides a stay of deportation, travel document, and a work permit for these foreign nationals living in the US.

These individuals from these countries tend to cannot risk going back to their home country because of temporary conditions such as civil unrest, environmental disaster, and other extraordinary and temporary conditions.

Typically, if a country’s TPS designation is terminated, the TPS holder would have to leave the U.S. Some TPS holders oftentimes get married to try to adjust their status. However, they run into difficulty adjusting their status in the U.S. because of admissibility issues.

Most inadmissibility issues tend to stem from most TPS holders entering the U.S. without inspection or a valid I-94. TPS holders can overcome inadmissibility issues by traveling internationally and then re entering the U.S. By doing so TPS holders will parole legally into the U.S. and then be able to adjust their status legally in the U.S.

Previously, the Miscellaneous and Technical Immigration and Naturalization Amendment of 1991 (MTINA), stipulated that TPS holders who traveled internationally and returned on “advance parole” were considered to be admitted with a valid inspection. However, in August 2020, in Matter of Z-R-Z-C, it revoked the MTINA policy. TPS holders could no longer use their reentry from their advance to overcome their previous admissibility issues. They were deemed to be admitted with the same immigration status they previously had which was typically no legal status or an arriving alien. Thu, not being able to adjust their status in the U.S. even if they were paroled back in the U.S. This was brutal for many TPS holders who utilized the advanced parole to fix their admissibility issues.

If you need help with an immigration matter, it can be overwhelming, and be hard to even know where to start looking for help or what options are available. Our attorneys at HAWM Law are ready, experienced and committed to helping immigrants at any stage of the US immigration process. You do not have to struggle through this process alone.

As of July 1, 2022, USCIS announced that TPS holders can overcome inadmissibility issues. USCIS stated that TPS holders who depart and re-enter the country can be considered inspected and admitted for purposes of adjustment of status. USCIS has further overcome this admissibility issue by announcing that it will create a new form for TPS holders, Form I-512T, Authorization for Travel by a Noncitizen to the United States that it will be issuing to TPS holders soon. Thus, TPS holders with existing, unexpired advance parole documents may continue to use it for travel and will eventually no longer need to use I-512 but in the interim can continue to use it and the I-131, Application for Travel Document until the complete rollout of the I-512T.

Thus, to answer the question stated above, YES, YES, YES, TPS holders now have a chance to adjust their status in the U.S. once they have been paroled back into the U.S. from international travel.

Also, if you are a TPS holder who entered lawfully into the U.S. without any admissibility issues in the first place, you can adjust your status in the U.S. Please consult an immigration attorney to see if you are a TPS holder and would like to adjust your status here in the U.S.

Contact HAWM Law

If you require assistance registering for TPS or with any immigration-related matter, the experienced immigration attorneys at HAWM Law are ready to help. Having a dedicated legal advocate in your corner can make all the difference, and our lawyers will make sure that the immigration process is as straightforward and efficient as possible for you. Contact HAWM Law today to schedule a consultation.

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