Call For A Consultation: (713) 625-9200

Immigration Law - Houston

AIC Urges Court to Find TPS Holder Eligible to Adjust Status

On June 4, 2013, the Sixth Circuit Court of Appeals held that a person who originally entered the U.S. illegally but has since been granted Temporary Protected Status (TPS) is eligible to adjust status to Lawful Permanent Resident. The U.S. government’s position was (and still is) that TPS is not a lawful nonimmigrant status and therefore a person granted TPS has not been admitted to the United States. Because the U.S. government takes this position with respect to TPS holders, USCIS has denied Adjustment of Status applications filed by people who entered the United States illegally but were later granted TPS.

However, the Sixth Circuit disagreed in its decision last year and remanded the case to the District Court for the Western District of Washington. The American Immigration Council (AIC) and the Northwest Immigrant Rights Project (NWIRP) have now filed amici curiae urging the District Court to reach the same conclusion and hold that holders of TPS have been admitted to the United States and thus are allowed to adjust status to Lawful Permanent Resident.

Earlier this month, USCIS announced that it would extend TPS for nationals of Haiti.

Leave a Reply

Your email address will not be published. Required fields are marked *

Board Certified Immigration Attorney




We are pleased to inform you that Kathryn and her team are now a part of Quan Law Group

5444 Westheimer Rd., Suite 1700
Houston, Texas 77056
United States(713) 625-9200

“Kathryn’s Law Firm has been an absolute wonderful experience to work with. They went above and beyond to get me my Visa to China when I was denied the first time. Kathryn is a true professional and is a step above her competition!!!” -Edward

Top Lawyers - Houstonia


Contact Us


Recent News & Blog