Supreme Court: Unlawful Entrants with Temporary Protected Status Cannot Adjust to Lawful Permanent Resident Status [June 11, 2021] [open pdf - 693KB]
From the Document: "Certain non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act [hyperlink] [INA]) who are physically present in the United States may adjust to lawful permanent resident (LPR) status [hyperlink] if they meet certain requirements. Among other things, an applicant for adjustment of status generally must have been 'inspected and admitted or paroled' [hyperlink] into the United States by immigration authorities. For some time, courts disagreed [hyperlink] over whether aliens who unlawfully entered the United States without inspection, but later received Temporary Protected Status [hyperlink] (TPS), have been 'inspected and admitted' to qualify for adjustment. In 'Sanchez v. Mayorkas', the Supreme Court, in a unanimous opinion [hyperlink], held that the grant of TPS does not enable an unlawful entrant to pursue adjustment of status. This Legal Sidebar examines the Supreme Court's decision and its implications for unlawful entrants who seek to pursue LPR status."
CRS Legal Sidebar, LSB10607
Congressional Research Service: https://crsreports.congress.gov/