In two developments related to the Temporary Protected Status (TPS) program, a federal appeals court heard oral arguments on whether the administration should continue to be blocked from terminating TPS for four countries while the lawsuit proceeds, and U.S. Citizenship and Immigration Services has issued a policy memo regarding individuals holding TPS status and their eligibility to adjust status to permanent residence while in the U.S.
BAL Analysis: The TPS program remains in effect for El Salvador, Haiti, Nicaragua and Sudan at this time, though the Trump administration has argued for the Ninth Circuit to remove the injunction currently keeping the program in place. The court could issue a decision at any time.
The USCIS memo limits individuals holding TPS in seeking to adjust status (such as on the basis of a family-based or employment-based immigrant petition) if they were not admitted, inspected or paroled or if they did not continuously maintain lawful presence. Those individuals would be required to depart the U.S. to apply for a green card at a U.S. Consulate. Departing the U.S. could raise additional inadmissibility issues. The USCIS memo directs officers to follow Matter of H-G-G. It should be noted that the Sixth and Ninth Circuits have ruled that TPS does confer an admission, inspection or parole, so USCIS officers will respect those decisions in those jurisdictions only. However, when assessing whether a TPS holder has maintained lawful presence, USCIS officers will apply Matter of H-G-G in all jurisdictions.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact firstname.lastname@example.org.
Copyright © 2019 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 email@example.com.
State Department data shows a dramatic increase in the number of visas issued last fiscal year. Colleges say the need
Danish immigration authorities released new rules that update the work permit exemption policy for employees working within affiliated companies....
The Swiss government has set work permit quotas for 2024, leaving them unchanged for EU/EFTA, non-EU/EFTA and U.K. nationals. Quotas
Canadian officials announced that a dedicated humanitarian pathway to provide permanent residence to Colombian, Haitian and Venezuelan foreign...