On July 1, USCIS rescinded a Trump policy regarding Temporary Protected Status (TPS) holder travel authorization and adjustment of status. In a lengthy memo, USCIS clarifies that TPS holders who depart and re-enter the country can be considered inspected and admitted for purposes of adjustment of status.
Key Points
- The new policy means that thousands of TPS holders may be newly eligible to apply for a green card if they have a qualifying relative.
- USCIS will no longer be using advance parole; instead, TPS holders must apply for a new and updated travel authorization document before their departure. The new document, Form I-512T, Authorization for Travel by a Noncitizen to the United States, will be issued by USCIS.
- TPS beneficiaries with existing, unexpired advance parole documents may continue to use it for travel.
As of February 2022, there were approximately 350,000 TPS holders living in the United States, but the Biden administration has since designated Ukraine, Afghanistan, and Cameroon as TPS eligible countries.
Erickson Insights
In another policy alert, USCIS clarified that it would be updating the policy manual to reflect that TPS-authorized travel constitutes an admission for purposes of naturalization. The agency will implement the new policy for all applications adjudicated on or after July 1, 2022.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.