There's been a lot in the news lately about Temporary Protected Status (TPS), and this month brings even more.
Effective July 1, 2022, USCIS issued a new travel authorization document to TPS beneficiaries: Form I-512T, Authorization for Travel by a Noncitizen to the United States, and will no longer be using Authorization for Parole of an Alien Into the United States (Form I512L). Presenting with a valid Form I-512T allows a U.S. Customs and Border Protection (CBP) officer at a port-of-entry to admit the named bearer into TPS.
A few weeks ago we discussed the legal settlement between USCIS and certain TPS beneficiaries regarding advanced parole, and the ability to travel abroad so that upon re-entry to the U.S. certain TPS beneficiaries could be eligible to adjust status, being deemed ‘inspected and admitted' upon re-entry. This latest USCIS policy announcement does not change that settlement, but in essence affirms it. The Administrative Appeals Office, which conducts review of USCIS officers' decisions, adopted a decision in 2020 in Matter of Z-R-Z-C- that held the opposite, but USCIS is departing from that 2020 decision because of recent case law.
USCIS is updating its guidance to clarify that “TPS beneficiaries who travel abroad temporarily, with the prior consent of the U.S. Department of Homeland Security (DHS), and who return in accordance with that prior authorization, may be inspected and admitted into TPS upon return, with certain exceptions. TPS beneficiaries whom DHS has inspected and admitted into TPS after such authorized travel are “inspected and admitted” for purposes of adjustment of status under INA 245(a) and INA 245(k). This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.”
The guidance is effective immediately and applies prospectively to applications adjudicated on or after July 1, 2022. This is wonderful news as it makes clear what the guidelines are for everyone who is a TPS beneficiary, and solidifies the ability for a TPS beneficiary to adjust status and apply for permanent residency if eligible, upon return to the U.S.
Today there are over 400,000 TPS beneficiaries living in the United States who have established their lives and families in our country. Many live in our own community of Virginia Beach, Virginia and surrounding Hampton Roads cities. Currently 15 countries are eligible for Temporary Protected Status, with the two newest being Ukraine and Afghanistan, which will add several thousand people to the amount of TPS beneficiaries in the U.S.
If you have questions about applying for advanced parole please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.