SCOTUS Holds Grant of Temporary Protected Status Does Not Constitute an Admission for the Purposes of Adjustment of Status

On June 7, 2021, the Supreme Court of the United States (SCOTUS) issued a unanimous ruling in Sanchez v. Mayorkas deciding a circuit split regarding whether or not a grant of Temporary Protected Status (TPS) constitutes a lawful admission into the US for the purposes of adjustment of status. They have held that it does not. This decision is a disappointment to thousands of individuals who have been beneficiaries of TPS - people who fled natural disasters or armed conflict in their home countries and have since lived in, worked in, and contributed to this country for years. Had the court ruled in the opposite manner, this would have provided a smoother pathway to obtaining a green card as it would have removed one large barrier in the process. Though there are still other ways to become a permanent resident if a person has TPS, many of these individuals will not be able to do so because they “entered without inspection” and were not “inspected and admitted” by an immigration officer when they first entered the US. 

If you are a TPS holder and have additional questions about your immigration options, please contact Iandoli, Desai, and Cronin P.C.  (info@iandoli.com) to schedule a consultation.