Immigration News - United States Supreme Court agrees to decide TPS green card case Share this article LinkedIn Facebook X (Twitter) January 25, 2021 The U.S. Supreme Court has agreed to hear a case involving Temporary Protected Status (TPS) holders’ eligibility for lawful permanent residence. Key Points: The Supreme Court will decide whether TPS holders are eligible to apply for green cards without having to leave the U.S. The case involves a national of El Salvador who was granted TPS when the designation was made in 2001 following a pair of earthquakes. His employer later sponsored his green card application. In 2015, U.S. Citizenship and Immigration Services (USCIS) denied the application asserting that he did not fulfil the requirement of having been “inspected and admitted” because he originally entered the U.S. without authorization. A U.S. District Court found that the government’s grant of TPS amounted to his being “admitted,” but the U.S. Court of Appeals for the Third Circuit reversed. Federal appeals courts are split over the issue. The Third and Eleventh Circuits have ruled TPS holders who entered without inspection are ineligible to adjust status to lawful permanent resident, while the Sixth and Ninth Circuits have ruled that they are eligible. Additional Information: The case is Sanchez v. Wolf, No. 20-315, U.S. Supreme Court. BAL Analysis: BAL is following developments in the case, including how the Department of Homeland Security will defend it in the Biden administration. BAL will provide updates on significant developments as the case progresses. This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com. Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Immigration News United States | September 2026 Visa Bulletin: Final Action Dates remain unchanged, certain categories may become unavailable The U.S. State Department has released the September 2026 Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for… August 24, 2026 Read More
Immigration News United States | DHS to propose $103,265 fee for cap-subject H-1B petitions The Department of Homeland Security posted a Notice of Proposed Rulemaking (NPRM), “Fee for Certain H-1B Petitions,” scheduled to be… August 24, 2026 Read More
Immigration News South Korea | Metropolitan Visa Program open for 2027-28 applications, effective Aug. 24 South Korea’s Ministry of Justice announced that the Metropolitan Visa Program is accepting applications for the 2027-28 program year from… August 24, 2026 Read More
Immigration News Australia | Processing times for skilled visa applications following new priorities Australia’s Department of Home Affairs published updated processing times for skilled visa applications, including the Skills in Demand… August 24, 2026 Read More