Travel by TPS Beneficiaries May Now Allow Them to Obtain a Green Card from within the U.S.

On July 1, 2022, USCIS updated its interpretation of the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries. This update means that many more TPS beneficiaries may be eligible to obtain a green card from within the United States after travel. 

The first change is that USCIS will no longer use the advance parole mechanism to authorize travel for TPS beneficiaries. Instead, there will be a new TPS travel authorization document. 

Secondly, if a TPS beneficiary travels successfully with this new travel authorization document, they will be considered “inspected and admitted” and are “present in the United States pursuant to a lawful admission.” This means that the TPS beneficiary may be able to adjust status to that of a lawful permanent resident under INA 245, even if the TPS beneficiary was present without admission or parole when initially granted TPS. 

This interpretation change is likely to impact many TPS beneficiaries in the United States. Previously, if a TPS beneficiary married a US citizen or had a US citizen over 21, in many instances the TPS beneficiary was unable to adjust status in the United States because they were not considered to be inspected and admitted to the United States. Now, the same TPS beneficiary can travel outside of the U.S. and be legally admitted and inspected to the United States.