USCIS rescinds its designation of the AAO decision in Matter of Z-R-Z-C- as an adopted decision and updates its interpretation of the effects of authorized travel by TPS beneficiaries. This memo supersedes the prior USCIS Policy Manual regarding the treatment of a TPS beneficiary’s return after authorized travel abroad. USCIS updated it guidance as follows:
- USCIS will no longer use the advance parole mechanism to authorize travel for TPS beneficiaries but will instead provide a new TPS travel authorization document. This document will serve as evidence of the prior consent for travel contemplated in INA 244(f)(3) and serve as evidence that the bearer may be inspected and admitted into TPS pursuant to MTINA (Miscellaneous and Technical Immigration and Naturalization Amendments of 1991) if all other requirements are met.
- TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, after that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
Policy highlights below:
- Incorporates the Supreme Court’s decision in Sanchez v. Mayorkas.
- Reflects the rescission of Matter of Z-R-Z-C- as an adopted decision.
- Clarifies that if a TPS beneficiary is inspected and admitted into TPS following a return from authorized travel, this meets the requirements of INA 245(a) and 245(k) for adjustment of status.
- Provides that USCIS may deem past travel under advance parole to have been an admission into TPS in certain cases.
- Clarifies the circumstances under which USCIS or EOIR have jurisdiction over adjustment of status applications following a TPS beneficiary’s inspection and admission into TPS after a return from authorized travel.
- Clarifies that jurisdiction over an adjustment application by a noncitizen in removal proceedings is based on whether DHS placed the noncitizen into those proceedings as an “arriving alien.”
- Removes and reserves guidance discussing TPS when considering whether a naturalization applicant was lawfully admitted as a permanent resident as required under INA 318.
Details of this update are found here –
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220701-TPSAndAOS.pdf
Disclaimer
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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