Following a recent Ninth Circuit Court of Appeals decision, ramirez v. brown, 852 F.3d 954 (9th Cir. 2017), some people with Temporary Protected Status (TPS) are now eligible for adjustment of status and can obtain a green card in the USA. This decision concerns only current TPS holders. People whose TPS has expired are not eligible to apply for a green card.
According to the Ramirez decision, people who originally entered the United States without inspection and who were subsequently granted TPS may now be eligible for adjustment of status based on an immediate relative petition. People who qualify to apply for adjustment of status based on this decision should do so. People who do not currently qualify should consider applying for Advance Parole.
In every circuit but the Ninth and Sixth, people with TPS who initially entered the United States unlawfully and have not been granted parole must depart the United States to obtain a green card through consular processing.
If you a current TPS holder, it is strongly recommended to consult with a qualified lawyer who can assess your eligibility for adjustment of status.
Call our office at (323) 456-7600 to schedule a free consultation with our experienced immigration attorney.
Source: Immigrant Legal Resource Center (IRLC). Practice Alert 11/15/2017.