Updates from USCIS regarding adjustment of status

| Oct 21, 2020 | Adjustment Of Status |

U.S. Citizenship and Immigration Services frequently publish manual and policy updates to keep up with the rapidly changing laws. A recent update primarily pertains to adjustment of status, particularly those to whom the government grants a temporary protected status (TPS). It is always a good idea for immigrants in Florida and beyond to review USCIS updates regularly to avoid legal status problems.

Many people who receive a TPS have entered the United States without having gone through certain inspections or procedures. The recent updates affirm that those who are granted TPS under such circumstances may not be eligible for adjustment of status. If TPS holders leave the United States with permission, and then reenter, that reentry does not constitute an inspection and admission or an inspection and parole under the applicable immigration statute.

There have been decisions made in several circuits that hold that TPS holders in those regions are indeed eligible for status adjustments. However, the recent USCIS updated guidelines specify that those decisions are limited to those specific circuits (the Sixth and Ninth) and not beyond. It is understandable that frequent updates to immigration policies may lead to confusion or status complications for the average person who may not have a background in U.S. immigration law.

In Florida or any other state, it is helpful to seek guidance from an experienced immigration attorney if a specific legal problem arises that a person does not feel equipped to handle alone. Especially with regard to TPS or status adjustment issues, it is critical that a person seeking protection or wishing to apply for a new status clearly understands the laws and regulations that apply to his or her circumstances. Lack of knowledge, as well as disregard for existing laws and policies can spark serious legal problems that may place a person at risk for deportation.

Archives