Friday, February 10, 2017

One to Watch: 9th Circuit to decide whether TPS constitutes and admission after inspection for purposes of adjustment of status

UPDATE: On March 31, 2017, the Circuit Court decided in favor of permitting TPS recipients to adjust their status. See: Ramirez v. Brown, (No. 14-35633) .

Brilliantly argued on December 6, 2016 by the Northwest Immigrants Rights Project. The 9th Circuit U.S. Court of Appeals takes up the issue decided in favor of immigrants by a District Court in Washington State. According to the CFR, aliens with TPS are deemed to be in lawful non-immigrant status for purposes of adjustment of status, the government continues to take the position that adjustment of status is still unavailable in most cases because the alien was not necessarily admitted or paroled after inspection. IMHO, the grant of TPS constitutes and inspection and admission. An adverse ruling in this case would mean that TPS holders would have to apply for advance parole and step out of the United States, even if only for one minute, and then return as a parolee which, again IMHO, serves no legitimate purpose.