Austin immigration law firm, Nanthaveth & Associates, is guiding Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) holders on how to adjust their status after the recent USCIS policy memorandum.
The policy memorandum published in July 2022 announced that DACA and TPS holders can obtain advanced parole or a TPS travel authorization document to leave the U.S. Then, when they return to a U.S. port of entry, they will be “inspected and admitted” by a U.S. Customs and Border Protection officer.
“Inspected and admitted” is a very important phrase used by U.S. Citizenship and Immigration Services (USCIS). It is one of the biggest eligibility factors to become a U.S. green card holder.
According to the Immigration and Nationality Act (INA) 245(a), in order for a noncitizen to be able to adjust their status to become a lawful permanent resident (green card holder) they must have been “inspected and admitted into the United States.” Meaning, they entered at a U.S. port of entry, were inspected by a border patrol officer and were admitted to the United States.
If a DACA or TPS holder was not “inspected and admitted” when they first entered the U.S., such as crossing the border illegally, then they were not eligible to adjust their status. And in the past, when DACA or TPS holders obtained travel authorization and re-entered the U.S., they were not considered to be “inspected and admitted.”
This changed in July 2022 when USCIS announced that they now will consider re-entry on advanced parole or a TPS travel authorization document as being “inspected and admitted.” This policy memorandum will offer a path to U.S. permanent residency, and eventually citizenship, to thousands of DACA and TPS holders as long as they meet certain requirements.
“Hundreds of our clients who have never been eligible to adjust their status are now eligible,” says Vi Nanthaveth, owner and managing attorney of Nanthaveth & Associates. “This is a very exciting time for immigrants across the country.” Nanthaveth recommends all DACA and TPS holders who originally entered the U.S. illegally to take advantage of this opportunity as soon as possible. Nanthaveth & Associates is offering free immigration consultations to all DACA and TPS holders to help determine if they could now be eligible to adjust their status.
Nanthaveth & Associates, PLLC is a trusted immigration law firm located in Austin, Texas. Immigration law experts at Nanthaveth and Associates are prepared to provide legal counsel for businesses, families and individuals in the areas of green cards, TPS, deportation, DACA, adjustment of status, work visas, investor visas, family-sponsored immigration, employer compliance, self-petitions, naturalization, appeals, foreign adoptions and more.
For Austin, TX immigration help call Nanthaveth & Associates at 512.829.7881 or fill out the form on their site austinimmigrationattorney.com
Company Name: Nanthaveth & Associates
Contact Person: Gloria Berry
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