Tuesday 1st December 2020

TPS Beneficiaries To Retain Same Immigration Status After Traveling Abroad: USCIS

N24 Staff Writer, WASHINGTON:- The United States Citizenship and Immigration Services (USCIS) has announced a Policy Memorandum adopting the Administrative Appeals Office (AAO) decision on matters pertaining to the travel of individuals, who are on a Temporary Protected Status (TPS).

The decision holds that Temporary Protected Status (TPS) beneficiaries who travel abroad using a Department of Homeland Security (DHS)-issued travel document under Immigration and Nationality Act (INA) section 244(f)(3) generally will retain the same immigration status on their return that they had at the time of departure.

However, exceptions will apply to aliens inadmissible under certain criminal or national security grounds or with the immigrant or non-immigrant visas they present for admission to the United States, said the USCIS in a statement.

This travel does not satisfy the “inspected and admitted or paroled” eligibility requirement for obtaining adjustment of status to lawful permanent residence. This is consistent with the USCIS’s previous clarification that a TPS beneficiary’s authorized travel does not execute a final order of removal.

Furthermore, this decision is in line with the Miscellaneous and Technical Immigration and Naturalization Amendments Act of 1991 (MTINA), which specifies that TPS beneficiaries who travel using a valid DHS-issued travel document retain the same immigration status upon return, added the USCIS.

Published On: September 2, 2020

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