In a memorandum issued on Saturday,July 2, 2022, USCIS announced a new policy that will broaden a TemporaryProtected Status (TPS) holder’s ability to permanently remain in the UnitedStates.
The memorandum announces USCISrescinded its decision in Matter of Z-R-Z-C, which barred TPSbeneficiary’s from using admittance to the United States after authorizedtravel as a way to satisfy the requirements to adjust status (file for a greencard).
The new policy allows TPS holders whoreturn to the United States after authorized travel to be considered “admittedand inspected” and “present in the United States pursuant to a lawfuladmission”. This will satisfy the law and give TPS holders a new path to applyfor permanent residency within the United States.
USCIS may also allow past, authorized travelof a TPS holder to count towards adjustment of status if the travel satisfiesthe following requirements:
· The TPS holder obtained priorauthorization to travel abroad temporarily on the basis of being a TPSbeneficiary;
· The TPS was not withdrawn, terminated,or expired during the period of travel;
· The TPS holder returned to the UnitedStates in accordance with the authorization to travel; and
· Upon return, the TPS holder wasinspected by immigration officers at a designated port of entry and paroled orotherwise permitted to pass into the United States in accordance with theTPS-based travel authorization.
If you are a TPS holder and havequestions about your specific situation, please reach out to your MU attorney.