Ramirez v. Brown – TPS Recipients Can Adjust Status

On March 31, 2017, the 9th Circuit Court affirmed the District Court’s summary judgement in favor of Jesus Ramirez, who challenged USCIS‘s decision finding him ineligible to adjust status in the U.S. on the ground that he entered the United States without inspection.

The panel found that under Temporary Protected Status (TPS) statute, 8 U.S.C. § 1254a(f)(4), a TPS recipient is deemed to be in lawful status and therefore have satisfied the requirements to become a nonimmigrant, including inspection and admission, for the purpose of adjustment of status. Ramirez v. Brown 14-35633.

The Court found that those who were granted TPS can adjust status in the U.S. under 245(a) — the decision will be published soon.

The court reasoned that those who were granted TPS have been lawfully admitted and can adjust status in the U.S., even if they initially entered without inspection.

In essence, the grant of TPS cures the unlawful entry and allows those who have an in immediate relative such as a U.S. citizen spouse or U.S. citizen child, 21 or older, to adjust status in the U.S. without the need for a provisional unlawful presence waiver. This allows for a 6-8 month process as opposed to a 18-24 month process requiring an exit to an applicant’s home country for consular processing.

If you are currently on TPS or if your home country is listed in the current TPS designation list (see below), schedule an appointment to have your case evaluated.

TPS Designated Countries

• El Salvador
• Guinea
• Haiti
• Honduras
• Liberia
• Nepal
• Nicaragua
• Sierra Leon
• Somalia
• Sudan
• South Sudan
• Syria
• Yemen

Contact our office if you have immigration questions at (916) 613-3553.