A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Sunday, December 22, 2019

USCIS Amends Policy on TPS Parole Status

USCIS is amending its Policy Manual regarding Temporary Protected Status (TPS) on 12/20/2019.  The agency confirms that the U.S. may not remove TPS beneficiaries from the U.S. by law.  USCIS also issues advance parole travel document to them after approving their requests to travel abroad.  

However, USCIS takes the position that, although TPS beneficiaries may travel and return using parole documents, they resume their pre-departure status after their return to the U.S.  For example, if a person was subject to an order of removal from the U.S. previously, the person's departure and return based on TPS parole is not an execution of the removal order. In this situation, the person will remain subject to the order of removal. 

The new policy also affects TPS beneficiaries' ability to apply for adjustment of status.  To be eligible for adjustment of status, an applicant must establish that he/she has been inspected and admitted or paroled by an immigrant officer.  Some courts have held that TPS beneficiaries are considered to have been inspected and/or paroled, especially after they have returned using advance parole documents.  Under this new policy, USCIS would not approve TPS  parolee's adjustment applicant unless he/she was previously inspected and admitted or paroled into the United States.  

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