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Immigration Law

USCIS Rescinds Z-R-Z-C-; Implications for AOS

USCIS, July 1, 2022

"U.S. Citizenship and Immigration Services (USCIS) rescinds its designation of the decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision and updates its interpretation of the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries, in accordance with the reasoning contained in this memorandum. ... TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS. ... USCIS has concluded that: • TPS beneficiaries who are inspected and allowed to lawfully pass through a port of entry under the TPS-specific standards established by MTINA and INA 244 should be inspected and admitted into Temporary Protected Status. • Inspection and admission under MTINA satisfies the “inspected and admitted” requirement for eligibility for adjustment of status under INA 245(a) and the “lawful admission” requirement for the exceptions of INA 245(k). • For cases in the Fifth Circuit, USCIS must treat qualifying prior travel as inspection and admission pursuant to Duarte v. Mayorkas. Elsewhere, USCIS should, where needed and on a case-by-case basis, determine whether a noncitizen who was paroled or otherwise permitted to enter after TPS-authorized travel under prior guidance should be treated as inspected and admitted for purposes of a given adjudication."

[N.B. - This 46-page document will be the subject of many practice advisories.  There are nuances and subtleties.  Stay tuned!]