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