Court Holds That a TPS Recipient Is Eligible to Adjust to Legal Permanent Resident Status in states covered by the Eighth Circuit

On October 27, 2020, a Federal Court of Appeals in the 8th Circuit held that a noncitizen who entered the United States without inspection or admission, but later received Temporary Protected Status (TPS), is deemed “inspected and admitted” for purposes of adjusting their status to that of lawful permanent resident (LPR). The court thus affirmed the district court’s decision reversing USCIS’s denial.

This is an important victory for TPS beneficiaries residing in the in the 8th Circuit because it reaffirms the fact that such individuals are considered “inspected and admitted” under the law when applying for adjustment of status. Accordingly, USCIS has no lawful basis to deny applications for adjustment of status filed by TPS beneficiaries in the 8th Circuit on grounds that they entered the United States without inspection. (Velasquez, et al. v. Barr, et al., 10/27/20).  So far, the 6th, 9th and now the 8th circuits are in agreement on this issue.  Therefore, eligibility to file permanent residence is limited to those living in these jurisdictions.