Are Temporary Protected Status Recipients Eligible to Adjust Status? [November 19, 2020] [open pdf - 664KB]
From the Document: "Certain non-U.S. nationals (aliens) who lack a permanent foothold in the United States may pursue adjustment of status and become lawful permanent residents (LPRs). To qualify, an alien must satisfy certain requirements, generally including having been 'inspected and admitted or paroled' into the United States by immigration authorities. In recent years, some federal courts have addressed whether aliens who unlawfully entered the United States but later received Temporary Protected Status (TPS) are considered to be 'inspected and admitted' into the United States. Reviewing courts have split on this issue. That said, even if an alien's acquisition of TPS is treated as being 'inspected and admitted' into the country, that alone does not provide a pathway to adjustment of status. An alien who was unlawfully present in the United States before receiving TPS would have to meet other requirements, such as being the beneficiary of an immigrant visa petition filed by a U.S. citizen spouse. This Legal Sidebar provides a brief overview of the adjustment of status framework and TPS, before examining the conflicting jurisprudence on TPS recipients' eligibility for adjustment, the Department of Homeland Security's (DHS's) guidance regarding the adjudication of adjustment applications filed by TPS recipients, and recent legislative proposals."
CRS Legal Sidebar, LSB10554
Congressional Research Service: https://crsreports.congress.gov/