CA9 Says TPS Recipient is Eligible to Adjust to LPR Status

TPS Recipient is Eligible to Adjust to LPR Status

The Ninth Circuit in Ramirez, et al. v. Brown, et al. found a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant — and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission — for purposes of adjustment of status under INA §245(a). [read the opinion here 17033104]

Temporary protected status is a temporary immigration status to the United States, granted to eligible nationals of designated countries. It first requires a designation. When the Secretary of Homeland Security determines that a foreign state (or any part of a foreign state) faces an ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that prevent aliens from returning safely, the Attorney General may designate that state (or part of the state) for TPS. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.  

The Ninth Circuit found that a TPS recipient is considered “inspected and admitted” under § 1255(a), and is eligible for adjustment of status because he also meets the other requirements.

Current TPS countries are:

Designated Country Most Recent Designation Date Current Expiration Date Current Re-Registration Period Current Initial Registration Period EAD Extended Through
El Salvador March 9, 2001 March 9, 2018 July 8, 2016 – Sept. 6, 2016 N/A Sept. 9, 2017
Guinea* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Haiti July 23, 2011 July 22, 2017 Aug. 25, 2015 – Oct. 26, 2015 N/A July 22, 2016
Honduras Jan. 5, 1999 Jan. 5, 2018 May 16, 2016 – July 15, 2016 N/A Jan. 5, 2017
Liberia* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Nepal June 24, 2015 June 24, 2018 Oct. 26, 2016 – Dec. 27, 2016 N/A June 24, 2017
Nicaragua Jan. 5, 1999 Jan. 5, 2018 May 16, 2016 – July 15, 2016 N/A Jan. 5, 2017
Sierra Leone* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Somalia Sept. 18, 2012 Sept. 17, 2018 Jan. 17, 2017 – March 20, 2017 N/A Sept. 17, 2017
Sudan May 3, 2013 Nov. 2, 2017 Jan. 25, 2016 – March 25, 2016 N/A Nov. 2, 2016
South Sudan May 3, 2016 Nov. 2, 2017 Jan. 25, 2016 – March 25, 2016 Jan. 25, 2016 – July 25, 2016 Nov. 2, 2016
Syria Oct. 1, 2016 March 31, 2018 Aug. 1, 2016 – Sept. 30, 2016 Aug.1, 2016 – Jan. 30, 2017 March 31, 2017
Yemen March 4, 2017 Sept. 3, 2018 Jan. 4, 2017 – March 6, 2017 Jan. 4, 2017 – July 3, 2017 Sept. 3, 2017

Check USCIS website for the most up-to-date information.

MAVNI Program Status for Fiscal Year 2017 – Deferred Action and Military Naturalization Options

The Student and Exchange Visitor Program (SEVP) recently received notice from the U.S. Department of Defense. The U.S. Army will not accept Military Accessions Vital to the National Interest (MAVNI)  applications for FY 2017 until they complete the revisions.

The MAVNI program is extended for FY2017, starting from OCT 2016 to OCT 2017. However, it is currently suspended due to investigation delay. MAVNI or Military Accessions Vital to the National Interest is an exclusive recruiting program that is beneficial for the immigrants who are interested to be a part of the U.S. military force.

MAVNI enlistees in Delayed Entry Program (DEP) – whose entry has now been delayed or cancelled – have two potential options: (1) Deferred Action and/or (2) Naturalization.

Whether Deferred Action is being granted to reserve members is still a question. DoD seems to permit reserve soldiers fallen out of immigration status or authorized stay to basic training, therefore, DoD no longer views Deferred Action as necessary for reserve members. However, if you are Active Duty, you should apply for deferred action, even if you have other immigration options pending. 

In addition, under military naturalization of INA § 329, MAVNI enlistees already serving honorably on active duty, Selected Reserve, including any drilling Army Reserve MAVNI enlistee whose ship date to BCT is delayed or cancelled, are eligible to naturalize. Naturalization under the wartime naturalization statute does not have a time of service requirement. During the period of hostility, one day of service in the Selective Reserve of the Ready Reserve makes a foreign national, including any drilling Army Reserve MAVNI enlistee that has not shipped to basic training, eligible to naturalize.  

Call today at 913-717-7112 to find out about your options as an MAVNI enlistee.