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.