TPS and U Visa Not Admissions for INA 245(a), USCIS Clarifies

(UNITED STATES) The U.S. Citizenship and Immigration Services has clarified in a new policy alert that people with Temporary Protected Status (TPS) and those holding a U visa do not gain an “admission” for green card purposes under INA § 245(a). The agency’s message is direct: TPS and U visa status alone don’t meet the requirement to be “inspected and admitted or paroled” to adjust to lawful permanent resident status. The clarification affects immigrants across the United States who planned to file for adjustment of status based on their current humanitarian or victim-based protections.

Key distinction: status vs. admission

USCIS framed the update around a point that has confused applicants for years: the difference between having lawful status and having a qualifying admission.

• A person may hold TPS, which protects them from removal and provides work authorization.
• A person may hold a U visa as a crime victim who aided law enforcement.
• But neither status, on its own, counts as an admission by an immigration officer. Without a prior lawful entry or parole, a TPS holder or U visa holder still lacks the admission required by INA § 245(a).

Important takeaway: Having TPS or a U visa does not automatically mean you were “inspected and admitted” for the purpose of adjusting status under INA § 245(a).

Legal background and USCIS actions

• The alert incorporates the Supreme Court’s 2021 ruling in Sanchez v. Mayorkas, which held that TPS is not an admission for adjustment purposes.
• USCIS rescinded Matter of Z-R-Z-C-, a decision that had briefly allowed certain TPS-related travel to be treated like an admission in some cases.
• The new guidance aims to bring nationwide consistency and close off arguments that TPS by itself can substitute for a lawful entry for green card eligibility.

Exception for TPS holders who travel and return with authorization

USCIS carved out a clear path for some TPS recipients: authorized travel and reentry can create the needed admission.

• If a TPS holder departs and returns with proper DHS authorization, they are considered “inspected and admitted” upon reentry.
• USCIS treats this return as an admission, distinct from parole, but sufficient to meet the admission requirement for INA § 245(a).
• The policy specifically covers travel on or after July 1, 2022, and officers may consider earlier trips on a case-by-case basis.

Practical steps and documentation:

1. TPS recipients should request advance travel permission before departing.
2. Travel authorization is documented through the TPS travel document.
3. Applicants refer to the DHS-issued travel document, Form I-512T: Form I-512T, when seeking to depart and reenter in a way that preserves eligibility to adjust status.

What this means for U visa holders

• A U visa grant, like TPS, does not function as an admission.
• A U visa recipient who entered without inspection must still point to another lawful entry or parole to satisfy INA § 245(a).
• The U visa itself—however strong the underlying case—does not fill the admission gap.
• Some U visa holders may already have a prior inspected and admitted entry (or later parole) that satisfies the requirement; others will need to explore alternative pathways.

Immediate consequences for families and applicants

• The stakes are immediate for families who expected to file for adjustment based on marriage to a U.S. citizen or other qualifying petitions.
• Without an admission or parole, a TPS or U visa holder typically cannot file a green card application under INA § 245(a).
• For TPS recipients who can safely travel and reenter with authorization, the policy offers a narrow but practical route to create the needed admission.
• For many U visa holders, the path remains more complex and often depends on earlier entries or separate parole decisions not addressed by this alert.

Case handling and discretion for pre-July 1, 2022 travel

• USCIS will evaluate travel before July 1, 2022 on a case-by-case basis.
• This flexibility matters for long-time TPS recipients who took authorized trips years ago and are now considering green card filings.
• The approach aligns policy with Supreme Court precedent while allowing flexibility where government paperwork and entry records show inspection and admission upon return.

Recordkeeping and evidence USCIS will seek

USCIS officers will look for clear evidence of authorized travel and proper admission upon return, such as:

• Airline boarding documents
• The TPS travel authorization (e.g., Form I-512T)
• The I-94 arrival record

While USCIS distinguishes admission from parole in this policy, it confirms that either admission or parole can meet the threshold for INA § 245(a). The key is that TPS status alone is not sufficient; the lawful entry event matters.

Impact on legal advice and client planning

• Immigration attorneys say rescinding Matter of Z-R-Z-C- will change advice given to TPS holders considering marriage-based or employment-based green cards.
• The practical conversation now focuses on:
  • Whether a client can qualify for authorized travel and reentry that counts as admission.
  • Whether timing, safety, and country conditions make travel realistic.
• Lawyers note this distinction—admission versus status—can feel harsh for people who complied fully with TPS or U visa requirements yet still face a procedural barrier.

Specific notes for U visa recipients

• U visa holders should maintain records tied to any lawful entry or later parole.
• Some U visa recipients were admitted previously in a different status and later shifted into U status; those prior admissions can satisfy INA § 245(a).
• USCIS did not expand parole in this guidance; parole options remain a separate consideration outside this alert.

Practical scenarios and planning considerations

• A TPS holder married to a U.S. citizen may pursue authorized travel to create eligibility, then file an adjustment application upon return.
• A U visa holder planning to adjust may need to:
  • Rely on a past admission, or
  • Use U-based adjustment rules when eligible, or
  • Explore other immigration options if no qualifying admission exists.
• The policy alert does not change who qualifies for TPS or the U visa; it focuses specifically on the admission requirement for adjustment of status.

USCIS encourages applicants to review official instructions and consult legal counsel before traveling. The agency’s clarification aims to standardize decisions across offices and align policy with Supreme Court precedent.

For now, the headline remains simple: TPS and U visa status do not count as an admission for green card eligibility under INA § 245(a), but a TPS holder’s authorized trip and return using Form I-512T can create the admission needed to move forward.