Grant of TPS Is an Admission for Adjustment of Status Purposes

Date: June 6, 2014

By: Shulman Law Group

The United States District Court for the Western District of Washington held that a noncitizen’s grant of Temporary Protected Status (TPS) qualifies as “inspection and admission” into the United States. Under the Immigration and Nationality Act, inspection and admission are eligibility requirements for lawful permanent residence (LPR). Jesus Ramirez, the plaintiff in Ramirez v Dougherty, was granted TPS in 2001 following the devastating earthquake in El Salvador, his home country, and has renewed this status ever since. He now seeks to become an LPR on the basis of his marriage to a United States citizen.

 

The court based its decision on the language of the TPS statute. However, the court also noted important policy reasons supporting its interpretation, stressing that Mr. Ramirez had been in the United States for approximately fifteen years, had established roots here, and “has waited his turn for an independent, legal, and legitimate pathway to citizenship, through the immediate relative visa application.” Relying on a decision from the Court of Appeals for the Sixth Circuit, the court found that the government’s solution – which would require Mr. Ramirez to leave the country, be readmitted, and then go through the immigration process all over again – was a “waste of energy, time, government resources, and will have negative effects on his family.” 

To make the long story short - I wouldn't be here now writing this review if it wasn't for him. He fought with me and for me as if he was defending himself and not some stranger from a foreign country. I will highly recommend him - if your case has any chance at all he is the one you need.

-Immigration Client

Breaking News

CHANGES TO SCHEDULING OF AFFIRMATIVE ASYLUM CASES

According to the U.S. Citizenship and Immigration Services (USCIS), there is now an official shift in the methodological approach to scheduling Asylum interviews.  Indeed, effective immediately, the Asylum Division will give priority to the most...

read more

FIRST DREAMER ADMITTED TO NEW JERSEY LAW BAR

Last week, New Jersey welcomed its first DACA recipient to the New Jersey Law Bar.  Parthiv Patel, a 27-year-old immigrant from India who came to New Jersey when he was five years old, became the first “DREAMer” to join the cadre of...

read more

GOVERNOR MURPHY TO JOIN DACA LAWSUIT

Phil Murphy, New Jersey's new Democratic Governor, announced that New Jersey intends to join a multi-state lawsuit challenging President Trump’s decision to terminate the DACA (Deferred Action for Childhood Arrivals) program for DREAMers. ...

read more
© 2015 The Shulman Law Group, LLC. All Rights Reserved. Website Design by Hudson