Temporary Protected Status (TPS) Holders Can Be Considered “Admitted” for Green Card Eligibility
Ramirez v. Dougherty, 14-35633, 9th Cir. (2017).
Substance of the Case:
This case addresses whether individuals granted Temporary Protected Status (TPS) can meet the “admission” requirement to adjust their status to lawful permanent residence (green card) under U.S. immigration law. Specifically, the question is whether a TPS recipient is considered “inspected and admitted or paroled” for the purposes of adjustment of status under 8 U.S.C. § 1255(a).
Key Facts
Background of TPS:
- TPS is a temporary immigration benefit for nationals of certain countries experiencing conflict or disaster.
- TPS protects recipients from removal and allows them to work legally in the U.S.
The Case Facts:
- Jesus Ramirez, a citizen of El Salvador, entered the U.S. unlawfully in 1999 but was granted TPS in 2001 due to natural disasters in El Salvador.
- In 2012, Ramirez married a U.S. citizen, Barbara Lopez, who filed a petition for him to obtain a green card.
- U.S. Citizenship and Immigration Services (USCIS) denied Ramirez’s green card application, arguing he did not meet the requirement of being “inspected and admitted or paroled.”
Legal Dispute:
The dispute centered on whether Ramirez’s TPS status effectively satisfies the “admission” requirement under § 1255(a).
Analysis
TPS and Adjustment of Status:
- Under 8 U.S.C. § 1254a(f)(4), TPS holders are considered to have “lawful status as a nonimmigrant” for purposes of adjustment of status.
- The Ninth Circuit held that this language means TPS holders meet the “admission” requirement because they have undergone a rigorous inspection process as part of obtaining TPS.
Agency Arguments Rejected:
- The government argued that TPS does not replace the need for physical inspection at a U.S. port of entry, but the court found this interpretation inconsistent with the statutory purpose of TPS.
Statutory Purpose:
- The court emphasized that Congress designed TPS to provide relief and pathways for those who are unable to safely return to their home countries, including potential adjustment to permanent resident status.
Outcome of the Case:
- The Ninth Circuit affirmed the lower court’s decision, ruling that TPS recipients are considered “admitted” for the purposes of adjustment of status under § 1255(a).
- The case was remanded to USCIS for further processing of Ramirez’s application.
Implications:
- This decision provides a significant opportunity for TPS holders to adjust their status to lawful permanent residents if they meet other eligibility criteria (e.g., family sponsorship or employment-based visa availability).
- It clarifies that TPS recipients can use their status to meet the “admission” requirement, potentially avoiding the need to leave the U.S. and re-enter for adjustment purposes.
Summary for Readers with Little Background in Immigration Law:
What Happened?
A man from El Salvador, who had lived in the U.S. under Temporary Protected Status (TPS) for years, applied for a green card based on his marriage to a U.S. citizen. The government initially denied his application, saying that he didn’t meet the requirement of having been “admitted” into the U.S. legally.
What Did the Court Decide?
The court ruled that under U.S. law, TPS holders are treated as if they have been “admitted” into the U.S. for purposes of adjusting to a green card. This means TPS recipients can apply for permanent residency without needing to leave the U.S., even if they originally entered without inspection.
Why Does This Matter?
The decision simplifies the path to a green card for many TPS holders, acknowledging their lawful status and eliminating unnecessary barriers. It ensures TPS recipients do not have to leave the country and face potential risks just to satisfy technical requirements for permanent residency.
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