Plain-English summary
Court: Unauthorized entry plus TPS does not allow adjustment to lawful permanent resident under §1255
The Court unanimously held that immigrants who entered the U.S. unlawfully cannot use Temporary Protected Status (TPS) to become lawful permanent residents (get a green card) under 8 U.S.C. §1255. The decision affirms the Third Circuit.
Why this matters
The decision clarifies that Temporary Protected Status — which shields certain nationals from removal and gives work authorization while it lasts — does not itself convert someone’s immigration status so they can apply for a green card if they initially entered the country unlawfully. This limits a pathway to permanent residence for TPS holders and affects many long-term residents who lack another qualifying admission or visa pathway.
Who may feel it
- Noncitizens granted Temporary Protected Status who entered the U.S. unlawfully
- Immigration attorneys and advocates representing TPS holders
- USCIS and Department of Homeland Security case adjudicators
- Families with members who received TPS and seek permanent-resident status
Key questions