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USCIS Clarifies Conditions for Adjustment Of Status From TPS

N24 Staff Writer, NEW YORK:- The United States Citizenship and Immigration Services (USCIS) has clarified conditions for the Adjustment Of Status (AOS) from that of a Temporary Protected Status (TPS), stressing that an individual has to be inspected at the port of entry and paroled into the US to be eligible for the AOS.

“Section 245(a) of the Immigration and Nationality Act (INA) requires an alien to have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement,” said a USCIS statement issued on Tuesday, October 6, 2020.

In its updated policy guidance, the USCIS further reaffirmed the USCIS’ long-standing interpretation that an alien who enters the United States without having been inspected and admitted or inspected and paroled, and who is subsequently granted TPS, generally does not meet that requirement.

TPS beneficiaries, who travel outside the United States with prior authorization under INA 244(f)(3), generally retain the same status when they return to the United States.

The updated policy guidance also made it clear that the decisions in the Sixth and Ninth Circuits holding that TPS is an admission for INA 245(a) purposes are limited to those jurisdictions only. It implies that TPS beneficiaries falling under the jurisdiction of these courts may be eligible for the permanent residence, if they follow a due process of law.

As per an estimate, around 9,000 documented and undocumented Nepalese received the TPS benefits in 2015, following a massive 7.8 magnitude earthquake in April, 2015. More than 9,000 people were killed in the earthquake, while more than 10,000 people were injured and thousands of houses turned into ruins.

Among the 9,000 Nepalese who have received TPS benefits in the US, almost 7,500 have either returned to their old status or changed their status, while 1500 are still under the TPS benefits.

Published Date: Tuesday, October 6th, 2020 | 11:52 AM

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