The Statue of Liberty
Recently, USICS has implemented a new policy that affects certain recipients of Temporary Protected Status (TPS). TPS is a designation made for certain countries due to conditions in the country that temporarily prevent the country’s nationals from returning safely. TPS beneficiaries are not removable (absent any inadmissibility or deportability grounds) from the United States and can obtain work authorization in the United States even if they entered the United States without inspection or were previously ordered removed. 

          Some TPS recipients may have US citizen or lawful permanent resident (LPR) immediate relatives through whom they can apply to adjust their status. However, to be eligible for adjustment of status under INA § 245(a), one requirement is a noncitizen must have been inspected and admitted or inspected and paroled into the United States. For certain TPS beneficiaries who were not admitted or paroled into the United States, this requirement has been a bar for them adjusting their status to permanent resident under INA § 245(a). 

          A new policy implemented by USCIS, however, addresses this issue and allows certain TPS recipients to apply for Form I-512T, a form of advance parole that allows TPS recipients to temporarily leave the United States and be paroled into the United States into TPS status. This parole into the US, using Form I-512T, may allow TPS recipients to be eligible to adjust their status to permanent resident under INA §245(a). 

          To obtain Form I-512T, a TPS recipient must file Form I-131 with USCIS along with supporting evidence and documentation. TPS recipients who may benefit from this new USCIS policy should contact an experienced immigration firm such as The Modi Law Firm, PLLC.
Categories: