Hope for TPS Holders

On October 6, 2020, the USCIS updated its Policy Manual regarding the eligibility of Temporary Protected Status (TPS) recipients for adjustment of status. USCIS reaffirms that TPS holders may not adjust their status and thus that entry into the U.S. does not qualify as a valid admission.  

This has been the government’s policy all along; thus, the update does not change anything. The USCIS was responding to some pending legislation which seeks to reverse policy.

However, the Biden administration’s immigration reform bill, which was introduced in Congress last week, would indeed change things. If the bill becomes law, then TPS holders will finally be considered as lawfully admitted and will have a pathway to citizenship. 

The U.S. Citizenship Act of 2021 provides a path to citizenship for 11 million undocumented immigrants in the country. The proposed bill creates an eight-year path to citizenship for almost all undocumented immigrants in the United States as of January 1, 2021. First, following a background check that includes proof of the full payment of taxes, an applicant would receive an official employment work authorization permit for a period of 5 years. After five years, they would become eligible for a green card. Finally, after three years with permanent residency, an immigrant could apply for full citizenship.

Green Card Printing Problems

Last year, the USCIS reduced its capacity to print green cards (LPR) and employment authorization documents. The government blamed it on financial constraints after the termination of the agency’s contract with a printing company.

The significant reduction in printing affects many immigrants who had been expected to receive green cards. In fact, approximately 50,000 green cards and another 75,000 employment authorization cards have not been printed. These cards were to be delivered to immigrants that had already completed their interviews, biometric assessments and met every other requirement to receive proof of Lawful Permanent Residency.

The Biden administration is expected to soon take steps at addressing this problem affecting large numbers of immigrants.

The Law Office of Miguel A. Serrano provides expert immigration advice to our clients. As Business Immigration Lawyers, we represent employers seeking global talent, academics, scientists, researchers, performing artists and athletes. We also represent families seeking to reunite with visas, permanent residency applications and citizenship. With decades of experience, our firm can help your business solve the complex world of U.S. immigration law.