UPDATE: Breaking news for TPS holders, USCIS issued a rather promising memo

UPDATE: Breaking news for TPS holders, USCIS issued a rather promising memo

If you need help with your immigration status, call us today at (619) 746-8879

Due to the new changes within the government and immigration laws, there are now more opportunities for immigrants. Within these changes, we can find the new memo from the USCIS, where there is good news for TPS holders.

With the immigration needs currently in the United States, naturally, changes need to be made. These changes are sure to improve the lives of people who, for various reasons, require residency within the country.

So, advances like these are applauded by the thousands of immigration attorneys spread across the country, along with the international community. The relief that documents like these offer to stranded people are appreciable.

Therefore, we will discuss what you need to know about this topic. In case you have any doubts, you can consult with us, and we will happily advise you on what you require.

What is Z-R-Z-C?

Matter of Z-R-Z-C is a document taken initially by USCIS to minimize TPS holders’ chances of obtaining a Green Card. Unfortunately, this document hindered the avenues by which TPS holders could obtain residency if they traveled outside the United States.

It also applied to those who had traveled outside the United States on parole. So TPS holders were required to remain in the country to maintain their status and be eligible for permanent residency.

How the politics change the opportunities for immigrants

The USCIS took this document during the tenure of the 45th President of the United States, Donald Trump. During these times, the political environment was torturous for immigrants, and this was one of the decisions made by the government against them.

Therefore, at a more current date, with the mandate of the 46th President of the United States, this law was rescinded. Unlike Donald Trump’s administration, which sought to end immigration, Biden’s administration appeals for more humane treatment of immigrants.

Thus, in just two years, the opportunities for immigrants (specifically TPS holders) have changed in their favor. Thanks to this memorandum issued by the USCIS, TPS holders have a new way to obtain permanent residency in the United States.

What is a Temporary-Protected Status?

The Temporary Protected Status or TPS is a legal status for which a person can apply if returning to their home country would be risky. It is a temporary permit through which a person can remain in the United States as long as returning to their home country would put them in danger.

It also applies if the person’s country of origin cannot receive them or threatens their life. Another case in which a person can opt for a TPS in the country is in which they lack nationality; that is, they are stateless.

Stateless persons may be guaranteed TPS if the last country they were in before entering the United States is on the list of countries to which it is risky to return. It ensures that person’s safety.

This document is intended chiefly to protect people within US borders as long as their home countries pose a danger to them. And there are many reasons why you can get TPS.

The Secretary of Homeland and Security may designate certain countries due to several temporary conditions, which specifically would be:

• First, the country is involved in an armed conflict (such as a civil war).
• Second, the country is going through an environmental disaster (such as a pandemic, earthquakes, and hurricanes).
• Third, the country is under other extraordinary and temporary conditions that result in a risk to people.

The list of countries designated by the Secretary of Homeland Security is constantly changing. However, countries such as Venezuela, Syria, Afghanistan, Somalia, and Ukraine are included. If you want to know the complete and updated list, you can find it on the official USCIS website. 

Benefits for TPS holders

In the first instance, those who are processing their TPS or are TPS holders have a series of benefits. Among these benefits, we can find:

• They cannot be deported from the United States while their TPS is in effect.
• They can obtain a temporary authorization document to work within the United States.
• Furthermore, they can be guaranteed the ability to travel outside the United States.

Nevertheless, obtaining TPS is not the first step to obtaining asylum, a non-immigrant visa, or a Green Card. That is, it does not necessarily lead to significant steps to residency in the United States beyond TPS.

Even so, having a TPS can, through other procedures, lead you to have a more extended residency than the one guaranteed by the TPS, including a Green Card. You need to meet the specific requirements of each document.

Anyway, having a TPS does not deprive TPS holders of initiating paperwork for documents such as:

• Start applying for non-immigrant status.
• Begin filing for adjustment of status depending on the immigrant petition.
• Generally speaking, apply for any other immigration benefits or protections for which you are eligible.

You can use TPS to stay safe in the United States from any disaster in your home country, but you can also choose other options. It all depends on your plans, situation, and eligibility for other documents.

The change of the eligibility to adjust status in the United States

It can be said that there are many ways in which TPS holders can make the necessary arrangements for a change in their residential status. How to proceed will depend directly on the condition of the person’s papers when applying for it.

Residential status is an essential manager of the activities that an immigrant can or not do for legal, work, and daily living purposes. TPS holders have many permits; however, they are not considered residents.

That is why many people seek to change their status, and ultimately find a better lifestyle that suits their plans and needs. And in this, TPS holders have some opportunities they can take to change their residential conditions.

So, if the person meets the conditions required by the immigration laws, they will have the opportunity to move from temporary status to Lawful Permanent Resident (LPR) status. In addition, it allows the person to have the opportunity to live permanently in the United States. 

In the same way as other immigrants, TPS holders can apply for employment-based and family-based Green Card categories. With the memo it is added that travel outside the US territory with a TPS is possible without jeopardizing the possibility of obtaining a visa.

Admission into the United States

To be eligible for a Green Card, TPS holders must be considered “paroled” or “inspected and admitted” by the USCIS. To this end, a procedural and legal process must occur, from which some TPS holders may be exempt.

There is a possibility that a TPS holder can obtain this status and still not be considered “inspected and admitted.” So they may need another review to be eligible for a Green Card, even though they already have TPS.

Nonetheless, the Supreme Court doesn’t have the corresponding regulations to designate each case in a certain way. That is, they do not have the precise tools for TPS holders who have traveled under advance parole to apply as “parole” or “inspected and admitted” for adjustment of Status when they return.

Before August 2020, it was common for TPS holders to travel freely without worries since, upon return, they could continue with their adjustment of status procedures. It happens because, before this date, even if returning to the US with advance parole, they could be considered “inspected and paroled.”

Under this system, “inspected and paroled” TPS holders could continue peacefully with their immigration status adjustments. But, of course, as long as they complied with the rest of the requirements for their documentation.

It changed with the 2020 memo with the Matter of Z-R-Z-C, where it was deemed that TPS holders traveling under advanced parole should not be admissible or paroled. However, this has changed, and for the better.

The changes made by the USCIS memorandum

And now, thanks to the July 2022 USCIS memorandum, several things have changed significantly for TPS holders and their eligibility for a change of status. Among other things, the situation has been beneficial for them.

Anyway, the July 2022 memo pushed by Joe Biden’s administration responds to a need for TPS holders along with the most recent Fifth Circuit and Supreme Court decisions.

As a result, TPS holders can travel freely, asserting their rights, without affecting their status. Furthermore, thanks to this, TPS holders can obtain their “inspected and admitted” more easily.

Facilitating this takes another burden off the shoulders of these vulnerable people and gives them many opportunities to build their own lives in the United States if they so choose. They have been allowed to become the country’s legal, tax-paying, working citizens.

And with that, those who receive their Green Card can enjoy all the benefits it offers to improve their future opportunities.

Green Cards for TPS holders who return from authorized travels

Even if TPS holders initially entered the country illegally, after obtaining their TPS and returning from authorized travel, they may still be considered “inspected and admitted” for adjustment of status.

Therefore, this is one of the first strong points of the memorandum, establishing a fairer treatment of TPS holders. Many come to the country illegally because of the danger they face in their own country.

In other words, the law recognizes that TPS holders may come from murky or troubled backgrounds. Consequently, their illegal entry into the United States may have been a way for them to survive.

This minor adjustment removes the pressure on TPS holders to stay in the country to assess changes in status legally. Thus promoting a less tense and stressful environment.

The new mechanism for TPS holders authorizing travels who are not in advanced parole

The memorandum establishes a new way for TPS holders to have authorized travel without the need for advanced parole. As a result, only advanced parole is no longer a way to travel outside the United States.

This new mechanism is based on a document called Form 512T Authorization for Travel by a Non-citizen to the United States. And it is what a TPS holder should seek instead of advanced parole to travel out of the country.

Advanced parole is in disuse because it was determined that this method is unsafe and unconstitutional for authorizing TPS holders’ travel, entry, and exit. In addition, advanced parole was used to deny them opportunities in immigration matters.

So, those who travel with Form 512T and return will be considered “inspected and admitted” to apply for a Green Card. With that, it will no longer be a problem for TPS holders seeking permanent residency to travel.

Information from the memorandum that clarifies which TPS holders will be impacted

Another positive detail about the July 2022 USCIS memo is that it clarified which specific TPS holders will be significantly affected by these changes. But, again, it happens because of the confusion that can arise from recent changes.

Therefore, the guidance would apply only to those who have obtained advanced travel authorization through USCIS, those who will be inspected upon arrival at a port of entry, those whose TPS is valid for the duration of their travel, and those who have returned to the United States based on their TPS-based travel authorization.  

In addition, the USCIS will apply this guidance to those who have traveled before the implementation of the memorandum on a case-by-case basis. That is, it will be reviewed case-by-case to ensure proper implementation of the memorandum at all possible levels.

If you need any advice, count on us!

In closing, it is important to remember that this is a summary explained as lightly as possible. It is a summary and should be understood as such. Actually, we would like to add that due to the summary, there were many details that we had to discard at the time of doing so.

Therefore, in case you are affected by the USCIS memo, we highly recommend that you meet with an immigration attorney to explain your position on this document.

Contact us at Kannan Law, we will be happy to assist you!