Court Rules Grant of TPS is an Admission for Adjustment of Status Purposes

Exciting news came last week when a decision from a District Court held that a noncitizen’s grant of Temporary Protected Status (TPS) qualifies as “inspection and admission”into the United States. Under the Immigration and Nationality Act (INA), inspection and admission to the United States are requirements to be eligible to become a U.S. Lawful Permanent Resident (LPR).

This is exciting news for immigration advocates as our Los Angeles immigration lawyers and lawyers across the country have been fighting for recognition of TPS as admission for many years. Under the current system of not recognizing a grant of TPS as an admission, many people who are otherwise eligible to apply for adjustment of status and receive a Green Card are unable to receive this immigration benefit.

Jesus Ramirez, the plaintiff in this case, Ramirez v Dougherty, was granted TPS in 2001 and has renewed it ever since. He is now seeking to become a permanent resident on the basis of his marriage to a United States citizen. The Court held that together with the approximate 15 years that Ramirez has resided lawfully in the United States and his immediate relative visa application, that he should be granted adjustment of status.

Have immigration questions? We have answers! Call or email us now for a FREE consultation (213) 738-8700.

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