Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

I have TPS. Can I get a green card based upon sponsorship by my US citizen spouse without leaving the US?

00077624QUESTION: Is it true that individuals with TPS, who entered the US without a visa, are now eligible to adjust status in the United States based on a marriage to a U.S. Citizen? I heard that there was a 9th circuit case in Washington. I live in California. Thank you for your time.

THE IMMIGRATION ANSWER MAN: It is true. If someone lives in the 9th circuit, or the 6th Circuit, and previously was ineligible to apply for Adjustment of Status in the US as the spouse of a US citizen solely because they had entered the US without inspection and therefore had not been legally admitted or paroled into the US, they may now be eligible to apply for Adjustment of Status within the 9th or 6th circuit jurisdictions. This is because the 9th circuit, in the case Ramirez v. Brown,  No. 14-35633, __ F.3d __ (9th Cir. 2017), has determined that someone in TPS status is in legal status and therefore has been legally inspected and admitted in that status. The 6th Circuit had previously had a similar ruling in Flores v. USCIS No. 12-3549, slip op. at 7 (6th Cir. June 4, 2013).

This ruling does not affect any other grounds of ineligibility or inadmissibility for applying for Adjustment of Status, so if the spouse of a US citizen had been inspected and legally admitted or paroled into the US the most recent time they entered the US, and they are ineligible to apply for adjustment of status for another reason, this case would not apply to make that person eligible for Adjustment of Status.

Also, it is important to understand that USCIS has not adopted these rulings, so unless they do, this rule only applies to individuals applying under the jurisdictions of the 6th or 9th circuit.

Please see my contact information below if you would like to schedule a consultation appointment with me to discuss your immigration issue.

Published 7/20/17 by attorney Ari Sauer.

By Ari Sauer.

Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

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