Those immigrants with Temporary Protected Status (TPS) may apply for a ‘green card’ if they manage to leave the country with a special travel permit (‘advance parole’) and then return, which will be considered legal entry for your next immigration procedure.
The Citizenship and Immigration Services (USCIS) office modified a policy imposed by former President Donald Trump that prevented this benefit for immigrants under TPS, although now the process will not be easy.
On Friday, USCIS reported updating the Policy Manual “to address the proper mechanism to authorize travel for Temporary Protected Status beneficiaries…and how such travel may affect their eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA)”.
The agency also takes into consideration the decision of the Supreme Court in the case Sanchez v. Mayorkas, about TPS beneficiaries, confirming that the fact of having this migratory protection is not enough to apply for the ‘green card’.
Immigrants They must have an eligibility process, that is, apply through the family petition, for example.
“TPS beneficiaries who travel abroad temporarily, with the prior consent of the US Department of Homeland Security (DHS), and who return in accordance with that prior authorization, may be inspected and admitted under TPS upon return, with certain exceptions,” the agency said in the memo.
In this way, said immigrants will be considered as “inspected and admitted” for their legal entry to the United States.
“This applies even if the TPS beneficiary was present without admission or parole when TPS was initially granted,” the policy states.
Part of the changes includes how the travel permit for a TPS holder will be processed. This is a new form, TPS Travel Authorization (Form I-2021T) to allow said departure, so the Parole Authorization (Form I-2021L).
“File a Form I-512Valid T allows a US Customs and Border Protection (CBP) officer at a port of entry to admit the bearer benefited with TPS”, the agency indicated.
The benefit could be feasible for those who traveled prior to the new policy, but the authorities will conduct a case-by-case review.
The lawsuit before the Supreme Court
In November of 2021, the Supreme Court invalidated an order of the Eighth Circuit of Appeals on immigrants with TPS, which made it difficult for these non-citizens to apply for Permanent Residence, due to their undocumented status.
The judges of the Eighth Circuit had made a decision on the case of four immigrants who sued the Trump Administration, but their determination went against the ruling of the judges of the Supreme Court last June, where it was explained that those people with protected status had entered the United States illegally, for which they could not obtain a ‘green card’ because they were protected under that program.
On June 7, 2021, the Supreme Court ruled that immigrants with TPS did not immediately qualify them for a green card ‘, although that did not mean that such people cannot seek options for Legal Permanent Residence or must leave the country. The case reviewed was that of Salvadoran José Santos Sánchez, who claimed that being protected from deportation gave him the right to a ‘green card’.
With its new policy, USCIS responds to the written opinion by Judge Elena Kagan, that is, it respects the fact that an immigrant with TPS cannot obtain a ‘green card’ only because he is under that protection, but it makes it easier for these people to obtain a trip abroad and return legally.
How to apply
– The immigrant must request the TPS Travel Authorization (Form I-512T).
– The beneficiary must complete their trip before their TPS expires.
– The person must be “inspected and authorized” to enter the US by a CBP agent.
– This program has limitations for certain immigrants who do not meet the travel or application requirements for the ‘green card’.
– It is suggested to consult a lawyer for each case.