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Immigration Law

NILA Practice Advisory: ADJUSTMENT OF STATUS FOR TPS HOLDERS AFTER SANCHEZ V. MAYORKAS

Mary Kenney, Tiffany Lieu, June 21, 2021

"On June 7, 2021, the Supreme Court issued a unanimous decision in Sanchez v. Mayorkas, No. 20-315, 2021 U.S. LEXIS 2960 (2021), in which it held that a grant of Temporary Protected Status (TPS) could not be deemed an admission for purposes of adjustment of status. This decision, which impacts TPS recipients who initially entered the United States without inspection, reverses decisions of the Sixth, Eighth, and Ninth Circuits. This practice advisory addresses the scope of the decision, who it impacts, and the narrow range of options remaining for TPS recipients who initially entered without inspection and now seek to adjust to lawful permanent resident status (LPR).

Copyright (c) 2021, National Immigration Litigation Alliance (NILA). This advisory should not be used as a substitute for independent legal advice and decision-making by a lawyer familiar with a client’s case. This advisory was authored by NILA attorneys Mary Kenney and Tiffany Lieu."