Our attorneys are working on several cases involving the possibility that
persons who entered the U.S. without inspection (EWI) granted temporary
protective status (TPS) may be eligible to adjust their status to permanent resident.
Of course, the applicant must be the beneficiary of an approved visa petition
and be either quota exempt or have a visa number available. New developments
in judicial case law allow some EWI TPS grantees to qualify even though
they were not inspected and admitted. This is based upon a provision in
the statute which regularizes the nonimmigrant status of TPS grantees.
The other possibility is to obtain a TPS travel document, advance parole,
depart foreign and apply for parole at a port of entry. If paroled, the
applicant may be eligible to adjust as one who has been inspected and
admitted or paroled.
Please contact our attorneys if you are interested in additional information
regarding this new development.
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