The U.S. Supreme Court will consider green card eligibility for immigrants with temporary protected status in the first week of April.

The Supreme Court will hear oral arguments Monday April 19, 2021 regarding eligibility of current temporary protection status holders (TPS) who came to the US illegally can qualify for green cards. This issue as long divided the circuit courts.

TPS status gives relief to deportation concerns and provides work permits to immigrants from specific countries who qualify as being in crisis. There are an estimated 400,000 individuals with TPS status in the United States. Qualifying countries include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen.

The case, Sanchez et al. v. Mayorkas, highlights the experience of two immigrants from El Salvador. After receiving TPS status, they filed for lawful permanent status in 2014. Their request was denied as they had never been admitted into the US, officially. This is after 25 years in the US.

Subsequently, the couple sued the government in federal court. A district judge ruled in their favor stating the denial violated the Administrative Procedure Act. The judge held that the “lawful status” of TPS satisfies the requirement for green card holders to have been “inspected and admitted.” However, the Third Circuit court reversed that holding, stating a TPS does not mean “admission”.

As such, there is a split between circuit courts whether TPS satisfies the “admission” criteria. Therefore, eligibility for a green card for a TPS holder is dependent upon the state of residence. So, the US Supreme Court agreed to hear the case.

From the US Supreme Court Procedures information, “Opinions are typically released on Tuesday and Wednesday mornings and on the third Monday of each sitting, when the Court takes the Bench, but no arguments are heard. The Court maintains this schedule each Term until all cases ready for submission have been heard and decided. In May and June, the Court sits only to announce orders and opinions.”

Continue to follow International Legal and Business Services Group (ILBSG) as we monitor and update on the developments of this case. If you have any questions about immigration, TPS, or green cards, contact us. We work with you to ensure you get the right advice.

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