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TPS Admission to be Decided by US Supreme Court

I have many clients who have received TPS (Temporary Protected Status) from countries such as Honduras and El Salvador, who have entered the US without inspection at the border, but are currently considered to be "inspected" for purposes of being able to adjust status and obtain green cards in the US.


At present, the 9th Circuit (which oversees California, Nevada, Alaska, Arizona, Hawaii, Idaho, Montana, Oregon, and Washington) and the 6th Circuit (which oversees Kentucky, Michigan, Ohio, and Tennessee) have ruled that TPS constitutes inspection, allowing adjustment, whereas two other circuits, the 5th and 3rd, have found the opposite.


This decision will determine whether those with TPS will be able to adjust status and get green cards across the country, potentially also opening up the path for DACA recipients as well.