U.S. Supreme Court Rules Against TPS As An Admission For Adjustment Of Status
15 June 2021
Envoy Global, Inc.
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The U.S. Supreme Court has ruled that individuals who entered
the U.S. without permission cannot obtain status as permanent
residents from within the U.S. simply because they are in the
Temporary Protected Status (TPS) program.
In a unanimous decision on June 7, 2021, the Supreme Court held
that a grant of Temporary Protected Status (TPS) is not an
admission into the U.S. to apply for adjustment of status and
lawful permanent residency. The court justices reached their
decision based on the text in Section 1255 of the Immigration and
Nationality Act (INA), which states that eligibility for lawful
permanent residence requires lawful entry into the country at the
discretion of an immigration officer. The court held that federal
law only allows individuals to apply for a green card and LPR
status if they are legally admitted into the U.S.
The TPS program allows individuals to live and work temporarily
in the U.S. on account of unsafe conditions in their home
countries, such as armed conflicts and natural disasters. The TPS
program grants individuals work authorization on a temporary,
In a unanimous decision, the Supreme Court ruled against
Salvadoran nationals Jose Sanchez and Sonia Gonzalez in
Mayorkas. Sanchez entered the U.S. without
permission, later received a grant and extensions of TPS, and
applied for adjustment of status to lawful permanent residency
following sponsorship by an employer. Previously, the U.S. Court of
Appeals for the Third Circuit also ruled against Sanchez and
Gonzalez, concluding that the petitioners were ineligible for LPR
status because they had not been inspected and admitted to the U.S.
Their grant and extensions of TPS did not cure that deficiency.
The recent ruling may impact individuals in the TPS program. The
ruling also follows a recent extension of TPS protection to
Burmese nationals and
Originally published 9 June 2021
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Originally Appeared On: https://www.mondaq.com/unitedstates/general-immigration/1079628/us-supreme-court-rules-against-tps-as-an-admission-for-adjustment-of-status