Last month, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert noting that it is updating its Policy Manual to address a longstanding issue for individuals in the U.S. with Temporary Protected Status (TPS). The issue is whether a TPS beneficiary who leaves the U.S., after receiving prior authorization to travel and return, would be considered to be “inspected and admitted†to the U.S. upon returning. This is an important question. Being “inspected and admitted†is a general requirement that must be met in most circumstances in order to apply for adjustment of status to lawful permanent resident status (a green card) in the U.S.
In the Policy Alert last month, USCIS has clarified that, yes, a TPS beneficiary who returns to the U.S. after authorized travel abroad will be considered to be “inspected and admitted†to the U.S. and—if otherwise qualified—eligible to apply for adjustment of status and receive a green card in the U.S.
This is great news and will surely relieve some uncertainty for many people.
Provided by:
Alexander Farquhar
Senior Associate Attorney – Dallas, TX
Tidwell, Swaim & Farquhar, P.C.
