District Court Rules that Grant of TPS Is an Admission for Adjustment of Status Purposes THIS IS POTENTIALLY HUGE NEWS! If this lower court decision is upheld, many TPS recipients from Haiti, El Salvador, Honduras, Nicaragua, Somalia, Sudan, and Syria could regularize their status and obtain green cards if, for example, they are married to US citizens who will file petitions for them. See list of TPS countries at uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status and below for more details. The American Immigration Council welcomes lthis ruling by the United States District Court for the Western District of Washington, which held that a grant of Temporary Protected Status (TPS) qualifies as “inspection and admission” into the United States. Under the Immigration and Nationality Act, inspection and admission are eligibility requirements for lawful permanent residence (LPR). Jesus Ramirez, the plaintiff in Ramirez v Dougherty, was granted TPS in 2001 following the devastating earthquake in El Salvador, his home country, and has renewed this status ever since. He now seeks to become an LPR on the basis of his marriage to a United States citizen. The American Immigration Council and the Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief in the case, and subsequently NWIRP became counsel for the plaintiff. The United States District Court for the Western District of Washington based its decision on the language of the TPS statute. However, the court also noted important policy reasons supporting its interpretation, stressing that Mr. Ramirez had been in the United States for approximately fifteen years, had established roots here, and “has waited his turn for an independent, legal, and legitimate pathway to citizenship, through the immediate relative visa application.” Relying on a decision from the US Court of Appeals for the Sixth Circuit, the United States District Court for the Western District of Washington found that the government’s solution – which would require Mr. Ramirez to leave the country, be readmitted, and then go through the immigration process all over again – was a “waste of energy, time, government resources, and will have negative effects on his family.” To view the decision in its entirety, see: • Ramirez v Dougherty District Court Ruling (May 30, 2014) at legalactioncenter.org/sites/default/files/35_Order%20granting%20Pl%20summary%20jdmt.pdf For more information, contact Seth Garfinkel at [email protected].
Posted on: Fri, 06 Jun 2014 02:45:56 +0000
Trending Topics
Recently Viewed Topics
© 2015