Thursday, September 3, 2020

USCIS Adopts AAO Decision on TPS and Authorized Travel

 WASHINGTON—U.S. Citizenship and Immigration Services today announced a Policy Memorandum (PDF, 268.36 KB) adopting the Administrative Appeals Office (AAO) decision on Matter of Z‑R‑Z‑C.

The decision holds that Temporary Protected Status (TPS) beneficiaries who travel abroad using a Department of Homeland Security (DHS)-issued travel document under Immigration and Nationality Act (INA) section 244(f)(3) generally will retain the same immigration status on their return that they had at the time of departure. Exceptions apply to aliens inadmissible under certain criminal or national security grounds or with immigrant or nonimmigrant visas they present for admission to the United States.

This travel does not satisfy the “inspected and admitted or paroled” eligibility requirement for obtaining adjustment of status to lawful permanent residence. This is consistent with the agency’s previous clarification that a TPS beneficiary’s authorized travel does not execute a final order of removal. Read more at: https://www.uscis.gov/news/news-releases/uscis-adopts-aao-decision-on-tps-and-authorized-travel

Contact Darren Heyman, immigration attorney, for more information.

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