Ninth Circuit Says TPS Recipient Is Eligible for Adjustment of Status (Green Card)

Court staff summary:


"The panel affirmed the district court’s summary judgment in favor of Jesus Ramirez in his action challenging the United States Citizenship and Immigration Service’s decision finding him ineligible to adjust to lawful permanent resident status on the ground that because he entered the United States without inspection he was not “inspected and admitted or paroled” as required by 8 U.S.C. § 1255(a). The panel held that under the Temporary Protected Status statute, 8 U.S.C. § 1254a(f)(4), a TPS recipient is deemed to be in lawful status and thereby has satisfied the requirements to become a nonimmigrant, including inspection and admission, for the purposes of adjustment of status. The panel held that as a TPS beneficiary, Ramirez was therefore eligible to obtain lawful permanent residence."


Ramirez v. Brown, March 31, 2017, Full Case Here.


This is a major victory for those with TPS. We will have to see how the rest of the country reacts to this decision but this case gives hope for many TPS recipients that they may be able to get a green card.


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