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Settlement offers pathway to permanent residency for certain TPS beneficiaries with removal orders

On Behalf of | Apr 8, 2024 | Immigration Law

On March 21, 2022, USCIS reached a settlement that provides that until at least January 19, 2025, DHS should generally exercise prosecutorial discretion to reopen and dismiss removal orders for TPS beneficiaries who meet the following criteria:

  • Currently possess Temporary Protected Status (TPS);
  • Have a removal order issued by the Executive Office of Immigration Review (EOIR) or legacy INS;
  • Have traveled on advance parole since the removal order was issued; and
  • But for the removal order, are otherwise prima facie eligible for adjustment of status with USCIS, including but not limited to an approved or pending I-130 filed by an immediate relative.

The settlement is significant because eligible foreign nationals can now apply for adjustment of status.