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New USCIS Policy Memorandum adopting Administrative Appeals Office (AAO) decision in Matter of Z-R-Z-C- and TPS holders eligibility for Adjustment of Status (August 20, 2020)

USCIS abandoned its longstanding policy for TPS holders who initially entered the United States without inspection and who pursuant to a grant of advance parole left and returned to the United States to be paroled and satisfy the inspected and admitted or paroled requirement under section 245(a) of the Immigration and Nationality Act. This allowed TPS holders with immediate relative petitions to adjust their status to lawful permanent resident once they have met the statutory requirements under 245(a) and were found to warrant a favorable exercise of discretion by USCIS.

On August 20, 2020 USCIS issued a Policy Memorandum adopting the decision of the Administrative Appeals Office in Matter of Z-R-Z-C. Under the Policy Memorandum TPS recipients returning to the United States pursuant to a grant of advance parole after August 20,2020 will no longer be found to have been paroled for purpose of 245(a)’s inspected and admitted or paroled requirement for adjustment of status.  

USCIS Policy Memorandum: Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020)

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