The U.S. Supreme Court ruled that individuals who entered the country undocumented and now hold Temporary Status visas are not eligible to seek permanent residency. Per federal immigration law, these individuals cannot apply for a green card. This is a unanimous decision for the court.

This applies specifically to individuals who fled their home countries due to war or disaster. Although protected from deportation and allowed to work, permanent residency is not an option.

The findings are the result of a case involving a couple from El Salvador who has been in the United States since the 1990s. At question was the definition of being ‘admitted’. The Court found that while TPS gives individuals nonimmigrant status, however, it does not admit them.

Currently, legislation has been approved by the House of Representatives to make it possible for TPS holders to apply for permanent residency. However, how it is uncertain how the Senate will vote.

There are 400,000 individuals in the U.S. from 12 different countries currently living in the U.S. with TPS status.

This finding applies solely to TPS holders who entered the country without documentation. Those that entered with documentation and are TPS holders are allowed to apply for permanent residence.

If you have questions about Temporary Status Protection or any immigration-related issue, contact us at ILBSG. We work with you to ensure you get the right advice.

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