Update for TPS and Eligibility for AOS

Oct 10, 2020

USCIS has issued an update for guidance regarding temporary protected status (TPS) beneficiaries. The agency has clarified that that any foreign national that enters the U.S.A. not inspected or admitted/paroled, and is given TPS, usually does not meet the INA 245(a). Section 245(a) of the INA (Immigration and Nationality Act) requires that the foreign national be inspected and admitted or paroled upon entry into U.S.A. The USCIS update also uphold the guidance that in general, when TPS beneficiaries travel out of the U.S.A. will continue to have the same status they held before departure, with the exception of the 6th and 9th circuit.

If you or someone you know has any questions regarding this policy update, give Law Offices of Wiliani-Malek a call at (714) 432-1333. We’d love to help you with your case!