TPS Recipients Traveling Abroad Using a DHS-Issued Travel Document Will Retain the Same Immigration Status on their Return

On August 20, 2020, United States Citizenship and Immigration Services adopted the Administrative Appeals Office (AAO) decision in Matter of Z-R-Z-C-, holding that Temporary Protected Status (TPS) recipients who are granted authorization to temporarily travel abroad under section 244(f)(3) of the Immigration and Nationality Act will resume the same immigration status the alien had at the time of departure when they return from traveling unless the alien is inadmissible under certain criminal or national security grounds or obtains an immigrant or non-immigrant visa and presents it for admission to the United States.

This decision is effective as of August 20, 2020 and will be applied to TPS recipients on and after this date.

This TPS authorized travel as USCIS expressly explains, “will not satisfy the ‘inspected and admitted or paroled’ provision at section 245(a) of the Immigration and Nationality Act.” According to USCIS, this decision will not apply to TPS recipients who adjusted status to lawful permanent residence under the past practice and/or prior guidance. Such aliens when applying for naturalization will not be subject to section 318 of the Immigration and Nationality Act for not having been lawfully admitted as a permanent resident. In addition, a return to the United States pursuant to TPS travel authorization not satisfying section 245(a) of the Immigration and Nationality Act will apply only to TPS recipients who departed and returned to the United States after the date of this adopted decision.

If you have travel plans and believe you may be affected by this AAO decision or have any legal questions or are in need of legal assistance, please contact our knowledgeable staff at International Legal and Business Services, LLP.

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