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1 1 (November 19, 2020)

handle is hein.crs/govdctr0001 and id is 1 raw text is: ~* Conreqmsiona Research Servi Are Temporary Protected Status Recipients Eligible to Adjust Status? November 19, 2020 Certain non-U.S. nationals (aliens) who lack a permanent foothold in the United States may pursue adjustment of status and become lawful permanent residents (LPRs). To qualify, an alien must satisfy certain requirements, generally including having been inspected and admitted or paroled into the United States by immigration authorities. In recent years, some federal courts have addressed whether aliens who unlawfully entered the United States but later received Temporary Protected Status (TPS) are considered to be inspected and admitted into the United States. Reviewing courts have split on this issue. That said, even if an alien's acquisition of TPS is treated as being inspected and admitted into the country, that alone does not provide a pathway to adjustment of status. An alien who was unlawfully present in the United States before receiving TPS would have to meet other requirements, such as being the beneficiary of an immigrant visa petition filed by a U.S. citizen spouse. This Legal Sidebar provides a brief overview of the adjustment of status framework and TPS, before examining the conflicting jurisprudence on TPS recipients' eligibility for adjustment, the Department of Homeland Security's (DHS's) guidance regarding the adjudication of adjustment applications filed by TPS recipients, and recent legislative proposals. Legal Background: Adjustment of Status and Temporary Protected Status Adjustment of Status Section 245(a) of the Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security to adjust the status of the beneficiary of an approved immigrant visa petition (e.g., an immediate relative petition filed by a U.S. citizen spouse) to that of an LPR. The adjustment of status process was created by Congress to ensure that eligible aliens who were physically present in the United States could become LPRs without having to travel and apply for immigrant visas abroad. Within DHS, U.S. Citizenship and Immigration Services (USCIS) adjudicates visa petitions and adjustment of status applications. But if an alien is placed in formal removal proceedings (e.g., because the alien is unlawfully present in the United States), an immigration judge in the Department of Justice's Executive Office for Immigration Review generally has jurisdiction over the adjustment application. As a threshold matter, INA § 245(a) requires an applicant for adjustment to have been inspected and admitted or paroled into the United States by immigration authorities (but INA @ 245(i) permits a small Congressional Research Service https://crsreports.congress. gov LSB10554 CRS Legai Sidebar Prepared for Members and Commi:tees oCf Conres--- ------------------------------------- -------------------------------------------------------

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