Practice Advisory: Adjustment Options for TPS Beneficiaries
Recent legal interpretations have made it difficult for many TPS beneficiaries who initially entered the United States illegally to adjust status through family-based petitions: the U.S. Supreme Court’s 2021 decision in Sanchez v. Mayorkas; the U.S. Citizenship and Immigration Services (USCIS) decision to adopt Matter of Z-R-Z-C- in 2020; and a 2019 USCIS policy regarding the effect of authorized travel on unexecuted removal orders. However, on July 1, 2022, USCIS rescinded its adoption of Matter of Z-R-Z-C-, and on March 21, 2022, a settlement was reached in CARECEN v. Jaddou, which allows certain TPS beneficiaries to seek the reopening and dismissal of prior unexecuted removal orders. This practice advisory reviews these developments and options for adjustment that may be available to help certain TPS beneficiaries adjust under Immigration and Nationality Act (INA) § 245(a), even if they initially entered the United States without being inspected and admitted or paroled.