On June 7, 2021 the Supreme Court unanimously reached a decision in Sanchez v. Mayorkas, holding that being granted Temporary Protected Status (TPS) under 8 U.S.C. § 1254a is not considered an “admission” into the United States under 8 U.S.C. § 1255. In other words, TPS holders who entered the country without inspection are not eligible to become lawful permanent residents. The law holds that in order to be eligible to become lawful permanent resident, an individual must have an “admission” into the country, defined as “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” Without such “admission,” TPS holders will be limited in their options to adjust their status.
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