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USCIS Updates Policy Guidance on TPS and Eligibility for Adjustment of Status Under INA §245(a)

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-

Matter of Z-R-Z-C- Holds That TPS Recipients Returning from Authorized Travel Abroad Are Not “Inspected and Admitted or Paroled” for Purposes of §245(a)

In another blow to individuals with TPS status, USCIS recently designated the AAO decision, Matter of Z-R-Z-C-, as an adopted decision

Ninth Circuit to Allow Termination of TPS for Sudan, Nicaragua, Haiti, and El Salvador

The Ninth Circuit issued a split panel decision vacating a district court’s preliminary injunction barring implementation of decisions to terminate the Temporary Protected Status (TPS) designation of Sudan, Nicaragua, Haiti, and El Salvador and remanded. 

USCIS Designates Matter of Z-R-Z-C- as an Adopted Decision

USCIS issued a policy memo designating the AAO decision in Matter of Z-R-Z-C- as an adopted decision, holding that TPS beneficiaries who travel abroad will, upon their return, retain the same immigration status that they had at the time of their departure.

USCIS Publishes Notice Extending Validity of TPS-Related Documentation for Six Countries

USCIS published a notice in the Federal Register stating that, in compliance with court orders issued as part of ongoing litigation, DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan through January 4, 2021.

DHS has extended TPS documentation for 6 countries in compliance with a district court injunction.

 The DHS announced Friday that the validity of TPS documentation of recipients from 6 countries has been extended through January 4, 2021. The six countries affected are El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. The expiration dates for Employment Authorization Documents; Forms I-797, Notice of Action; and Forms I-94, Arrival/Departure Record have all been extended. The extension is a result of preliminary injunctions in cases in California and New York. If the injunctions are overturned, TPS will end for all listed countries no earlier than 120 to 365 days after the court decision, depending on the country.

The US and El Salvador struck a deal to protect Salvadorans with TPS.

About 265,000 Salvadorans in the U.S. have Temporary Protected Status (TPS), which gives them temporary legal status and the ability to work. Most of them have been in the U.S. for more than 10 years, since Salvadorans were first offered TPS during the Bush administration. In the past few years, the Trump administration has attempted to end TPS for Salvadorans, and is currently litigating the end of TPS. The deal struck on Monday pushes the end date for Salvadoran TPS to January 2, 2021, even if the courts rule in the government’s favor and allow TPS to end.

USCIS Notice on Continuation of Documentation for Beneficiaries of TPS Designations for Nepal and Honduras

USCIS published a notice that DHS will not terminate Temporary Protected Status (TPS) for Honduras or Nepal pending final disposition of the appeal in Ramos v. Nielsen. The notice further announces that DHS is extending the validity of TPS-related documentation for Nepalese TPS beneficiaries through March 24, 2020. The TPS designation for Honduras remains in effect through January 5, 2020.

USCIS Publishes Notice of Extension of the Designation of South Sudan for TPS and Announces Opening of Reregistration Period

USCIS published a notice in the Federal Register extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from May 3, 2019, through November 2, 2020. The re registration period runs from today, April 5, 2019, through June 4, 2019.

The Hill: Immigrants Sue U.S. over End of Protected Status

The Hill reports that a group of immigrants filed a lawsuit Sunday alleging the Trump administration unfairly ended Temporary Protected Status (TPS) designations for Honduras and Nepal.

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