U.S. Citizenship and Immigration Services (USCIS) Rescinds Matter of Z-R-Z-C- and has Implications for TPS Holders Who Would Like to Adjust Their Status
/On July 1, 2022, USCIS announced that it was rescinding its designation of the decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision and updates its interpretation of the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries, in accordance with the reasoning contained in this memorandum.
TPS beneficiaries whom DHS has inspected and admitted into TPS under the Miscellaneous and Technical Immigration and Naturalization Amendments Act of 1991 (MTINA), subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
USCIS has concluded that:
USCIS will no longer use the advance parole mechanism to authorize travel for TPS beneficiaries but will instead provide a new TPS travel authorization document. This document will serve as evidence of the prior consent for travel contemplated in INA 244(f)(3) and serve as evidence that the bearer may be inspected and admitted into TPS pursuant to MTINA if all other requirements are met.
TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
