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Thursday, December 01, 2022

They update a new regulation that will allow certain TPS holders to request permanent residency

The US Immigration Service announced that it is updating rules relating to travel permit holders of Temporary Protected Status (TPS), days after the agency’s Office of Administrative Appeals scrapped a rule that would allow them to be lawful permanent residents (PACs). LPR) from adjusting its position. or green card).

“The Office of Citizenship and Immigration Services (USCIS) is updating policy manuals to address appropriate mechanisms for authorizing travel for TPS beneficiaries, and such travel adjustments of status under section 245(a). How that could affect their eligibility for the Immigration and Nationality Act (INA)”, explained the agency.

USCIS also said it is “updating the policy to reflect the Supreme Court decision in Sanchez v. Mayorcas, issued in 2021”. The unanimous opinion issued indicated that the Immigration and Nationality Act (INA) It establishes that eligibility for resident status generally requires “entry” into the country, which is defined as “lawful entry”, and does not remove the humanitarian benefit “effect”. “Illegal entry” on the basis of a case known as ZRZC.

But when this criterion was scrapped last week, the Supreme Court’s sentence is without effect, when the logic on which the magistrate’s decision was based disappears.

According to the new policy released last week, the immigration service will no longer use the advance parole mechanism to authorize departure abroad for TPS holders, but will instead issue a new travel authorization document, and inspect the Emparo’s holder upon return. Can go and be admitted in the country.

“With this requirement, TPS holders will qualify to adjust their status for permanent resident through a family petition filed by a U.S. spouse or child who is over the age of 21,” said a resident practicing in Los Angeles. Alex Galvez, an immigration attorney, said. , california.

USCIS further stated that with the elimination of the ZRZC rule, “the agency’s policy position on the effect of authorized travel and return to the United States by TPS beneficiaries has changed significantly.”

As of June 20, to be eligible to adjust status under INA 245(a), a foreigner must be inspected and admitted to the United States or inspected and paroled, unless exempt from this requirement .

The Supreme Court ruled last year that if a non-citizen enters the United States without inspection and enlistment or inspection and parole, even if he or she is a TPS holder, “he ordinarily does not meet this requirement,” The court noted USCIS.

Now, following the removal of the ZRZC rule, some program beneficiaries who are claimed by immediate relatives will qualify to apply for residency if they obtain an advance travel permit, return, and by port of entry. Inspections and enlistments take place, the court’s decision says, the USCIS Office of Administrative Appeals.

After reviewing the decision, the agency said it is “updating its guidance to clarify that TPS beneficiaries who travel abroad temporarily, with the prior consent of DHS, and who return according to
With that prior authorization, they may be inspected and admitted to TPS upon their return, with the few exceptions that those who have been inspected and admitted to TPS by DHS after such authorization.

On return to the country, “the passengers are inspected and admitted under INA 245(a) and INA 245(k) for the purposes of adjustment of status,” it added. “This is true even if the TPS beneficiary was present without admission or parole when the TPS was initially granted,” it said.

Filing a valid Form I-512T allows Customs and Border Protection (CBP) agents to be accepted at a port of entry “protected by the designated carrier and/or TPS,” he said.

Requirements to qualify

The new policy after the cancellation of the ZRZC rule indicates that, after traveling to and returning to the United States, to be eligible and to be admitted and inspected, a TPS holder must meet each of the following requirements:

  • Obtained prior authorization to travel abroad temporarily by virtue of being a TPS beneficiary;
  • Non-citizens’ TPS was not withdrawn or the designation for their foreign state (or part of a foreign state) expired or expired during their visit;
  • Non-citizens returned to the United States according to the Travel Authority; You
  • Upon return the noncitizen was inspected at a designated port of entry by the former Immigration and Naturalization Service (INS) or Department of Homeland Security (DHS) and was granted parole or otherwise authorized to enter the territorial borders of the United States . TPS based travel authorization.

In turn, the new USCIS policy clarifies that the guide does not apply to:

  • Travel by non-citizens whose TPS was not valid for the duration of the journey;
  • traveling without obtaining prior authorization under INA 244(f)(3);
  • who did not return as per prior authorization under INA 244(f)(3);
  • which were not inspected at a specified port of entry;
  • Who is found unacceptable for reasons specified in INA 244(c)(2)(a)(iii) on return from authorized travel; Me
  • who were paroleed or authorized to enter the United States on a basis other than a TPS-based travel authorization.

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