These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
advance parole
USCIS has rescinded Matter of Z-R-Z-C, a published decision that stated that TPS holders who travel on advanced parole are not admitted or paroled under section 245(a) of the INA. USCIS has also determined that it will no longer issue advance parole to TPS holders, but will rather issue a new travel document that makes clear the travelers are being admitted to the United States upon return.
The new policy memorandum can be found here:
The Administrative Appeals Office has adopted a decision that finds that a Temporary Protected Status (TPS) recipient who is granted authorization to temporarily travel abroad pursuant to section 244(f)(3) of the Act (TPS travel authorization) and who subsequently reenters the United States using a Department of Homeland Security (DHS) travel document, resumes the same immigration status the alien had at the time of departure. “Consequently, if a TPS recipient was present in the United States without inspection, admission or parole at the time of departure pursuant to TPS travel authorization, that alien upon return to the United States is returned to ‘same immigration status the alien had at the time of departure’ such that the TPS authorized travel will not satisfy the ‘inspected and admitted or paroled’ provision at section 245(a) of the Immigration and Nationality Act.” The decision will only apply prospectively to TPS holders who depart the US using a parole document on or after August 20, 2020.
The full text of Matter of Z-R-Z-C- can be found here:
