8th Circuit Decision Impacting TPS Beneficiaries

On 27 October 2020, the United States Court of Appeals for the Eighth Circuit ruled that a temporary protected status (“TPS”) beneficiary, who entered the U.S. without inspection but later obtained temporary protected status, “shall be considered as being in, and maintaining, lawful status as a nonimmigrant.” For adjustment of status purposes, the 8th Circuit considers this person inspected and admitted. Read this blog post for more detail.

LEGAL UPDATE: On 7 June 2021, the U.S. Supreme Court rendered an opinion directly impacting a TPS beneficiary’s eligibility for adjustment of status if the beneficiary entered the U.S. without inspection and admission or parole. The Supreme Court’s decision abrogates the 8th Circuit ruling issued on 27 October 2020. For more detail, see this firm’s blog.

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