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Court Decisions Ensure TPS Holders in Sixth and Ninth Circuits May Become Permanent Residents

Ramirez v Brown in the Ninth Circuit established that TPS holders have ability to adjust their status under 245(a) of the Immigration and Nationality Act. If an individual entered the United States without inspection, they will now fulfill the inspected and admitted or paroled requirement that was previously implemented. The Ramirez and Flores decisions will currently apply only to those whose recent travel to the United States was without inspection. Individuals who have been previously admitted into the United States before TPS would not need to follow this ruling.

To adjust ones status, the TPS holder must;

  • Have entered the United States without inspection before TPS

  • Currently hold a valid TPS status

  • Live in a state that is in the jurisdiction of the Sixth or Ninth Circuits and

  • Be otherwise eligible for adjustment, meaning one must be admissible for adjustment of status, a visa must be readily available for them, and no statutory or regulatory bars to adjustment currently pertain

A TPS holder will not be able to adjust their status if they;

  • Worked without authorization before applying

  • Is in unlawful immigration status when applying or

  • Has not kept a lawful status in the United State during their time here.

Individuals who are eligible for an employment visa within the 1st-4th employment preference and wish to adjust their status to an employment-based must;

  • Reside in the United States when applying

  • Have maintained lawful status in the United States

  • Have not fallen out of legal status for more than 180 days

  • Have not participated in unauthorized employment and

  • Have not violated any conditions of admission

Immediate relatives who hold TPS are also eligible for adjustment of status if they meet the remaining criteria. TPS holders that are applying for adjustment of status based upon an approved immediate relative will always have a visa readily available for them. An immediate family member consists of unmarried children under the age of 21, spouses, and parents of citizens who are over the age of 21.

TPS holders should apply for adjustment of status before their status expires. If you have any questions regarding the adjustment of status for TPS holders, please contact Attorney Nicholas Mireles at NicholasMireleslegal@gmail.com.

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