On July 1, 2022 USCIS updated it 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. Prior to the update USCIS refused to recognize that travel by temporary protected status (TPS beneficiaries) after August 20, 2020 under advanced parole would be considered an “admission or inspection” which would allow TPS holders to adjust their status under section 245(a) if the Immigration and Nationalization Act. Their position was supported by the Supreme Court Case of Sanchez v. Mayorkas and Matter of Z-R-Z-C.
On July 1, 2022 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 which can be obtained by filing form I-521T . 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 if all other requirements are met.
- TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to 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.
This updated guidance is “prospective” and does not specifically apply to those who traveled under prior advanced parole. However, USCIS noted they will consider applying this guidance to prior travel on a case-by-case basis.
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