Decided July 31, 2019
This is a decision where the Administrative Appeals Office (“AAO”) addressed a split between the Eleventh Circuit and the Sixth and Ninth Circuits.  The latter two circuits held that a grant of Temporary Protected Status (“TPS”) constituted an admission for the purpose of adjustment of status under section 245(a) of the Immigration and Nationality Act.

While a grant of TPS is still considered to cure unlawful status that accrues during the period of TPS – for example, for an applicant that seeks to adjust status as an employment-based immigrant or change nonimmigrant status – the AAO held that TPS does not confer a broad remedy for prior immigration violations and is not an admission for the purposes of adjustment of status under section 245(a).

During the period in which an individual has TPS, the individual is deemed to be in and maintaining nonimmigrant status for purposes of adjustment and change of status eligibility. By contrast, the provision does not specifically address the entirely separate requirement for adjustment of status under section 245(a) of having been admitted or paroled into the United States.

This decision is not binding in the Sixth and Ninth Circuits.