September 2020

News for TPS Holders Who Traveled Aborad

WHAT IS NEW?

USCIS has adopted the Administrative Appeals Office (AAO) decision on Matter of Z‑R‑Z‑C. that affects Temporary Protected Status (TPS) who traveled abroad and re-entered.

WHAT DOES THIS MEAN?

The decision holds that:

— A Temporary Protected Status (TPS) recipient who is granted authorization to temporarily travel abroad and subsequently reenters the United States using a Department of Homeland Security (DHS)-issued travel document resumes the same immigration status the alien had at the time of departure, unless the alien is inadmissible under certain criminal or national security grounds or obtains an immigrant or nonimmigrant visa and presents it for admission to the United States.

— A TPS recipient’s immigration status does not change upon reentry, even if the DHS-issued, TPS-based travel document or the DHS-issued arrival document refers to parole.

— TPS-authorized travel will not satisfy the requirements of “inspected and admitted or paroled” into the United States for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act.

HOW DOES THIS AFFECT TPS HOLDERS?

This decision means that the entry to the US of a TPS holder, who was authorized to travel abroad and reentered, is not a legal entry and admission.  Thus, TPS holders cannot file for adjustment of status (green card) in the US, because they retain the same status they had before departure.

HOW WE CAN HELP?

For additional information and analysis of your particular case, please call our office (760)-579-7389 or contact us via email: Info@tondinilaw.com

Source: https://www.uscis.gov/sites/default/files/document/aao-decisions/Matter-of-Z-R-Z-C-Adopted-AAO-Decision.pdf