Houston, Texas Immigration Law Firm Breaks Down the New Supreme Court Decision on Adjustment of Status Eligibility for TPS Holders

Houston, Texas Immigration Law Firm Breaks Down the New Supreme Court Decision on Adjustment of Status Eligibility for TPS Holders
Houston, TX, July 23, 2021 --(PR.com)-- July 2, 2021, the US Supreme Court issued an official decision on the adjustment of status, AOS, eligibility for people with Temporary Protected Status, TPS. In the Sanchez v. Mayorkas case, the supreme court ruled that a person that has been granted TPS has not necessarily been “admitted” to establish eligibility for adjustment of status.

Previously, there were Federal appeal courts that considered a grant of TPS an admission for adjustment of status eligibility, while some appeal courts did not. The Supreme Court has removed this appeals court conflict and made the situation clear.

The ruling means the grant of TPS does not make someone who entered the U.S. illegally eligible to file for AOS, even with an approved petition from a US citizen spouse or a 21 or older US citizen child.

Many TPS holders who were once eligible for adjustment of status are now deemed ineligible.

The ruling does not affect TPS holders who entered the US legally and were “inspected and admitted or paroled.” Even if they overstayed their visa, they were considered to be “admitted” and can adjust their status when sponsored by a US citizen spouse or US citizen child 21 or older.

“It is easy for TPS holders who did not enter the US legally and are looking to become green card holders to become discouraged,” said Garry Davis, founding and managing attorney at Davis & Associates. “But this ruling does not mean they are necessarily ineligible for a green card, just ineligible in some situations to adjust their status. For example, many TPS holders still have the option of going through consular processing to obtain their green card if they meet the necessary requirements.”

If TPS holders who are ineligible for AOS do not wish to get their green card through consular processing, there are other exceptions, methods and opportunities for establishing permanent residency from TPS for which they may be eligible. Adjustment of status is not the only path to a green card.

Davis encourages all TPS holders who fear their case might be affected by this decision to contact a reputable immigration law firm who can assess their case and notify them of their options.

Davis & Associates understands that many TPS holders are overwhelmed and confused by this decision and, therefore, are offering free in-person consultations or phone consultations for a modest fee to go over their options.

Davis & Associates is a leading immigration law firm in both the Houston & Dallas Metroplexes. Their attorneys provide valuable legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.
Davis & Associates
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