The unanimous decision of the US Supreme Court denying adjustment of status to legal permanent resident (LPR) – green card – for certain TPS (Temporary Protected Status) beneficiaries, while a devastating blow particularly to long-term TPS beneficiaries, should not have come as a surprise. Immigration law generally, with few exceptions, precludes adjustment of status (AOS) to permanent residency for individuals who entered the United States without a valid visa, i.e., entered illegally without inspection. A few categories qualify for waivers.
Also, as expected, the ruling by the Court does not bar AOS for individuals who entered the US legally – inspected at the border and granted entry by Customs & Border Control. TPS beneficiaries who entered the US on a valid visa but overstayed are not barred from AOS if they qualify for permanent residency through family relationships or employment related sponsorships. Warning: This ruling creates opportunities for scammers who may seek to take advantage of TPS beneficiaries. It is therefore advisable for TPS beneficiaries to consult immigration law professionals, or reputable immigration service providers to verify their status and rights.
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