US immigration warns that only some migrants with TPS can become residents
The Citizenship and Immigration Service (USCIS) clarified Tuesday that only immigrants with Temporary Protected Status (TPS) who live in the jurisdictions of the Sixth and Ninth Circuit courts can become legal permanent residents.
In addition, they must have a US spouse or US citizen child over the age of 21 .
The 9th Circuit is made up of the states and / or territories of Alaska, Hawaii, Guam, California, Oregon, Washington, Montana, Idaho, Nevada, Arizona, and the Northern Mariana Islands.
The 6th Circuit, meanwhile, is made up of the states of Missouri, Wisconsin, Indiana, Illinois, Kentucky and Tennessee.
“TPS beneficiaries qualify for adjustment of status under section 245 (a) of the Immigration and Nationality Act (INA), [which] requires an alien to have been inspected and admitted or inspected and paroled into the United States , unless it is exempt from this requirement, «the immigration agency explained in a statement on Tuesday.
The updated USCIS guide recalls that generally so-called «Tepesianos» who travel outside the United States with prior authorization retain the same status when they return to the country .
Of the around 300,000 immigrants with TPS that expires in January 2021, only those who are in the Sixth and Ninth Circuits have the possibility to demonstrate that they entered legally and thus manage residency.
What the law says
The Office of Citizenship and Immigration Services (USCIS) clarified Tuesday that “if TPS beneficiaries are eligible for adjustment of status under section 245 (a) of the Immigration and Nationality Act (INA), it requires that an alien has been inspected and admitted or inspected and paroled in the United States, unless exempted from this requirement. «
The agency further said that «the long-standing interpretation by USCIS that an alien who enters the United States without being inspected and admitted or inspected and paroled, and who is subsequently granted TPS, generally does not comply with that requirement.
It adds that the updated guide maintains that TPS recipients who travel outside the United States with prior authorization generally retain the same status when they return to the country. «If they were not considered inspected and admitted or inspected and paroled before their departure, that will not change when they return,» he said.
The USCIS specified that the decisions in the 6th and 9th Circuits those who are protected by the TPS can demonstrate that they have a legal income and thus manage residency.