The BIA sustained the DHS appeal and vacated the immigration judge decision after finding that Temporary Protected Status (TPS) does not constitute an admission and that a TPS applicant who was not admitted or paroled should not have removal proceedings terminated
Filed under: best deportation attorney | Tagged: admission, Deportation, dhs appeal, Removal Proceedings, TPS | Leave a comment »
USCIS updated policy guidance in the USCIS Policy Manual confirming that a grant of Temporary Protected Status (TPS) is not admission for INA §245(a) adjustment purposes, clarifying that the applicability of decisions in the Sixth and Ninth Circuits is limited to those jurisdictions, and incorporating Matter of Z-R-Z-C-
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Filed under: returning Resident | Tagged: admission, Immigration, Immigration Attorney, Immigration Lawyer, inadmissibility, lawful resident, LPR, returning Resident | Leave a comment »
In a precedent decision, the BIA reaffirmed Matter of Reza, holding that the respondent did not meet the statutory seven-year residency requirement, because acceptance into the Family Unity Program (FUP) does not constitute an admission into the United States under INA §101(a)(13)(A). Likewise, the Ninth Circuit denied a petition for review, deferring to the BIA’s decision in Matter of Reza that a grant of FUP benefits is not an admission to the U.S. for cancellation of removal purposes.
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The Fifth Circuit granted the petition for review, holding that a wave-through at a port of entry is an “admission in any status” under 8 USC §1229b(a)(2), and that the petitioner, a lawful permanent resident, was thus eligible for cancellation of removal.
Filed under: Immigration Attorney | Tagged: admission, border patrol, port of entry, wave through, waved through | Leave a comment »
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