Temporary Protected Status (TPS) and Adjustment of Status

Last Updated:

Thu, Oct 30, 2014

A TPS recipient who is otherwise eligible may be granted adjustment of status. One requirement for adjustment under INA § 245(a) is that the individual have been “inspected and admitted or paroled” into the United States. Both USCIS and EOIR, in non-precedent decisions, have found that a TPS recipient who never made an authorized entry into the United States is not eligible for adjustment of status. The Eleventh Circuit agrees. However, the Sixth Circuit has held that, under the plain language of the TPS statute, a grant of TPS constitutes an admission for purposes of adjustment of status under INA § 245(a). Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013). The American Immigration Council, with the Northwest Immigrant Rights Project, argues in amicus curiae briefs that other courts should follow the lead of the Sixth Circuit and find that a grant of TPS is an admission for purposes of adjustment of status.

CASES

Fiallos-Ortiz v. Holder, No. 13-70864 (9th Cir. amicus brief submitted Apr. 10, 2014).

Ramirez v. Dougherty, No. 13-1236-TSZ (W.D. Wash. amicus brief submitted Feb. 14, 2014). The court issued a fully favorable decision on May 30, 2014. Read our statement here. The government has appealed and the case is pending at the Ninth Circuit.

Medina v. Johnson, No.14-1010 RB (E.D. Pa. amicus brief submitted Aug. 18, 2014). The district court issued a favorable decision granting the plaintiff’s motion for summary judgment and denying the government’s motion to dismiss on Nov. 5, 2014. The government has appealed this decision to the Third Circuit.