On June 7, 2021, the Supreme Court issued a unanimous decision in Sanchez v. Mayorkas. In this case, the Supreme Court held a grant of Temporary Protected Status (TPS) was not an admission to the United States. An admission is a lawful entry to the U.S for purposes of adjustment of status. This means that any TPS recipients who entered the U.S without inspection (illegal crossing), can not use the TPS as an entry for Green Card purposes. So, even with a legal entry, an applicant will be barred from adjusting status for working without authorization . Additionally, an applicant will barred for failing to continuously maintain lawful status since the last entry into the U.S. It is important to understand the Supreme Court’s decision does not effect all TPS holders. It only affects TPS holders who did not enter the U.S. lawfully.
The immigration attorneys at Heiferman & Associates are here to assist individuals who qualify with applying for Temporary Protected Status (TPS). Our immigration lawyers can also advise clients whether or not this case applies to their situation. Our lawyers also assist clients with applying for most visas, green cards and citizenship. We defend clients in Immigration Court and with appeals. We are available by appointment, Zoom, Teams, Google and more. Please contact us today at (718) 866-4627 to schedule an initial consultation.