TPS Considered an Admission for INA Section 245(a) Adjustment of Status by USCIS in the 6th and 9th Circuits
Last Updated
As a result of decisions from the 6th and 9th circuit courts, USCIS has issued new policy establishing that a Temporary Protected Status (TPS) recipient who resides in one of those jurisdictions is considered “inspected and admitted” for adjustment of status eligibility under INA Section 245(a).
On March 31, 2017, the U.S. Court of Appeals for the 9th Circuit issued a decision in Ramirez v. Brown, F.3d 954 (9th Cir. 2017), which held that a Temporary Protected Status ecipient is considered “inspected and admitted” for adjustment of status eligibility under INA Section 245(a). The Department of Homeland Security (DHS) initially indicated its intention to file a petition for a rehearing en banc. I-485s where the applicant obtained TPS status and subsequently filed an I-485 without ever having been admitted or paroled prior to the time of filing were placed on hold. However, DHS did not file the petition by the July 20 deadline so the court’s decision is now final.
The Ramirez decision is the second circuit court of appeal decision to find that TPS is an admission for adjustment of status under INA Section 245(a). The U.S. Court of Appeals for the 6th Circuit issued a similar ruling in 2013: Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013).
What states are under the jurisdiction of the 6th and 9th circuits?
|
6th Circuit |
9th circuit |
|---|---|
|
KENTUCKY MICHIGAN OHIO TENNESSEE |
ALASKA ARIZONA CALIFORNIA HAWAII IDAHO MONTANA NEVADA OREGON WASHINGTON |
What is the impact of these decisions?
USCIS has issued new policy with respect to eligibility for adjustment of status in the 6th and 9th circuits. As a result of these decisions, USCIS has determined the following:
- TPS is considered an admission for INA Section 245(a) purposes for adjustment of status applicants residing under the jurisdiction of the 6th and 9th circuit courts only.
- USCIS Field Offices may proceed with adjudication of I-485s previously placed on hold in accordance with USCIS’ updated position.
- TPS recipients in those circuits who are also Immediate Relatives with an approved I-130 petition or submitting an I-130 together with an I-485 may file for adjustment status if they meet all eligibility requirements at the time of filing.
CLINIC encourages its affiliates to report any implementation issues.
