PLEASE NOTE:
On August 20, 2020 USCIS issued a new Policy Memorandum implementing Matter of Z-R-Z-C-, which found that Temporary Protected Status (TPS) recipients returning to the United States with advance parole after August 20, 2020, would no longer be able to be considered inspected and admitted or paroled for purposes of adjustment of status under INA § 245(a)
ADOPTED DECISION
MATTER OF Z-R-Z-C ADMINISTRATIVE APPEALS OFFICE U.S. CITIZENSHIP AND IMMIGRATION SERVICES DEPARTMENT OF HOMELAND SECURITY
August 20, 2020
(1) A Temporary Protected Status (TPS) recipient who is granted authorization to temporarily travel abroad and subsequently reenters the United States using a Department of Homeland Security (DHS)-issued travel document resumes the same immigration status the alien had at the time of departure unless the alien is inadmissible under certain criminal or national security grounds or obtains an immigrant or nonimmigrant visa and presents it for admission to the United States.
(2) A TPS recipient’s immigration status does not change upon reentry, even if the DHS-issued,
TPS-based travel document or the DHS-issued arrival document refers to parole.
(3) TPS-authorized travel will not satisfy the requirements of “inspected and admitted or paroled” into the United States for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act.
Which TPS recipients are affected by Matter of Z-R-Z-C-?
Matter of Z-R-Z-C impacts only TPS recipients who initially entered the United States without
inspection. Any TPS recipient who was admitted into the United States, including those who can
demonstrate that they were admitted under Matter of Quilantan, 25 I. & N. Dec. 285 (BIA 2010),
do not need to rely on a TPS-related advance parole entry to satisfy INA § 245, as their
admission satisfies this section. Anyone filing an adjustment application within the jurisdiction
of the Sixth, Eighth, or Ninth Circuits also would not need to rely on the parole entry, as the
grant of TPS is considered an admission in those circuits.24 Similarly, any TPS recipient who
was paroled into the United States on any basis other than INA § 244(f)(3), the TPS travel provision, would independently satisfy § 245(a).
Last edited: 05-Jul-21 11:31 AM
Last edited: 05-Jul-21 11:33 AM
