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Rule Barring TPS Immigrants from Seeking Permanent Residence Reversed

Jul 5, 2022 | Immigration News

In a major reversal of Trump’s policies, USCIS announced on Friday that TPS holders who return to the U.S. with permission would meet an important requirement to apply for a green card.

A person applying for legal permanent residence through family or employer sponsorship may apply here in the U.S. through a process known as “adjustment of status.” Among other requirements, applicants must show they were inspected and admitted, or paroled into the United States. In other words, they must show they were granted permission to enter the country.

Many TPS holders had entered initially without inspection. But, with TPS, they are allowed to apply for a travel permit (known as “advance parole”) which they may use to travel outside and reenter the country with permission.

However, under the Trump administration, USCIS stated that a TPS holder who uses such a travel entry document does not satisfy the requirement of proving they were admitted (or paroled) in the United States for purposes of applying for a green card here. This policy prevented many TPS holders from obtaining lawful permanent residence.

In a welcomed turn of events, USCIS has reversed this policy and will again allow TPS holders to meet the admission requirement for adjustment of status by using their TPS travel permit. Individuals who travel and return with TPS travel authorization may be eligible for a green card through a family or employer, assuming they meet other requirements.

If you would like more information on TPS, or have any other immigration-related questions, please book your next consultation with us online or by phone at 214-251-8011 or 817-332-1100.

Chavez & Valko, LLP serves the Dallas and Fort Worth Metroplex in all areas of U.S immigration law, including Family and Business immigration.

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