Many TPS holders are no longer eligible to adjust their status due to this supreme court decision.
HOUSTON, TX, July 21, 2021 /24-7PressRelease/ — July 2nd, 2021, the US Supreme Court issued a decision on the adjustment of status, AOS, eligibility for people with Temporary Protected Status, TPS. In Sanchez v. Mayorkas, the supreme court ruled that a person that has been granted TPS has not necessarily been “admitted” to establish eligibility for AOS.
Previously, some appeal courts considered a TPS grant an admission for AOS eligibility, while others did not. The Supreme Court has removed this court conflict and made the situation clear.
The ruling means the grant of TPS doesn’t make someone who entered the US illegally eligible to file for AOS, even with an approved petition from an eligible US citizen.
The ruling doesn’t affect TPS holders who entered the US legally and were “inspected and admitted or paroled.” Even if they overstayed their visa, they were considered “admitted” and can adjust their status when sponsored by an eligible US citizen.
“It is easy for TPS holders who didn’t enter the US legally to become discouraged,” said Garry Davis, founding and managing attorney at Davis & Associates. “But this ruling doesn’t mean they are necessarily ineligible for a green card, just ineligible in some situations to adjust their status. Many TPS holders still have the option of going through consular processing to obtain their green card if they meet the requirements.”
If TPS holders who are ineligible for AOS don’t wish to get their green card through consular processing, there are exceptions and opportunities for establishing permanent residency from TPS for which they may be eligible. Adjustment of status is not the only path to a green card.
Davis understands that many TPS holders are overwhelmed and confused by this decision and, therefore, are offering free in-person consultations or phone consultations for a modest fee.
Davis & Associates is a leading immigration law firm in both the Houston & Dallas Metroplexes. Their attorneys provide valuable legal counsel for all aspects of immigration law. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.
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