New USCIS Policy: TPS recipients who travel abroad will resume the same immigration status upon reentering the U.S.
On August 20, 2020, USCIS issued a Policy Memorandum which may have a major impact on Temporary Protected Status (TPS) recipients who travel and re-enter the U.S.
Prior to this new Policy, TPS recipients who had originally entered the U.S. without inspection (EWI) could obtain advance parole by filing form I-131, leave the U.S., and then get “paroled” back into the U.S., thereby recycling their status from EWI to paroled. Once paroled, the TPS recipient could then apply for adjustment of status under Section 245(a) of the Immigration and Nationality Act, usually through a family-based petition for an immigrant visa. The new Policy Memorandum, which designates the decision of the Administrative Appeals Office in Matter of Z-R-Z-C- as an Adopted Decision, completely eliminates this possibility by simply holding that the TPS recipients immigration status will not change upon reentry, even if his or her travel document refers to “parole.”
In addition, the Policy Memorandum sets forth the following two exceptions to this new rule, clarifying that it may not apply to: (1) TPS recipients who travel abroad and attempt to re-enter the U.S. using a newly issued non-immigrant or immigrant visa; OR (2) TPS recipients who travel abroad and then, upon their attempted re-entry into the U.S. are deemed to be inadmissible under certain criminal or national security grounds. This second exception makes it clear that such recipients who are deemed inadmissible cannot simply revert back to their prior status and that they will have to overcome any grounds of inadmissibility upon reentry, thus putting them in a potentially worse situation than they would have had if they had not departed in the first place.
The good news, if there is any here, is that USCIS has also made it clear that this new Policy will only apply to TPS recipients who departed and returned to the U.S. after August 20, 2020, which is the effective date of the Matter of Z-R-Z-C- Adopted Decision 2020-02 (AAO Aug. 20, 2020). Thus, it will not impact or affect TPS recipients who already adjusted status under prior USCIS guidance. In addition, USCIS has also clarified that such former TPS recipient aliens (who previously adjusted status) will not be subject to section 318 of the Immigration and Nationality Act for not having been admitted as a permanent resident.
If you have any questions about this post or would like to discuss your case, call Sean D. Hummel, a U.S. Immigration Lawyer with over 25 years of experience, and schedule your appointment today!
