ABSTRACT

Are Temporary Protected Status Recipients Eligible to Adjust Status? [Updated September 1, 2022]   [open pdf - 758KB]

From the Document: "Certain non-U.S. nationals ('aliens', as the term is used in the Immigration and Nationality Act [hyperlink] [INA]) who lack a permanent foothold in the United States may pursue adjustment of status [hyperlink] and become lawful permanent residents [hyperlink] (LPRs). To qualify, an alien must satisfy certain requirements, which generally include having been 'inspected and admitted or paroled' [hyperlink] into the United States by immigration authorities. Before the Supreme Court's 2021 decision in 'Sanchez v. Mayorkas' [hyperlink], lower courts had disagreed over whether aliens who unlawfully entered the United States but later received Temporary Protected Status [hyperlink] (TPS) are 'inspected and admitted' into the United States. In 'Sanchez', the Supreme Court held [hyperlink] that the grant of TPS does not constitute an admission for purposes of adjustment of status. However, under Department of Homeland Security (DHS) guidance [hyperlink], TPS recipients who are authorized to travel abroad are considered to be 'inspected and admitted' upon their return to the United States, potentially enabling them to seek adjustment. That said, a TPS recipient's admission into the United States alone does not provide a pathway to adjustment. An alien who had accrued unlawful presence in the United States before receiving TPS must satisfy 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 federal jurisprudence regarding TPS recipients' eligibility for adjustment, DHS's related guidance, and legislative proposals."

Report Number:
CRS Legal Sidebar, LSB10554
Author:
Publisher:
Date:
2022-09-01
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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