Page 44 - The Indian EYE 070221
P. 44
ImmIGRATION JULY 02, 2021 | The Indian Eye 44
sanchez v. Mayorkas:
although Tps is not an admission,
justice kagan’s Opinion leaves Open
avenues for Tps recipients to adjust
status as Nonimmigrants
cyrus d. mehTa and may nonetheless leave Sanchez, together with in an opinion authored status. On pages 8-9 of
open some options for his wife, Sonia Gonza- by Justice Kagan, held the opinion, the Court
kaiTlyN BOx some TPS recipients lez, sought to adjust sta- that an individual who held that TPS recipients
O n June 7, 2021, who want to obtain their tus after more than 20 entered the United will be considered to
States without inspec- have nonimmigrant sta-
green cards.
years of residence in the
Supreme
the
Sanchez v. Mayor- United States, but the tion is not eligible to tus, which is needed to
Court decided
Sanchez v. Mayorkas, kas involved the plight USCIS denied his ap- adjust status under INA adjust status under §245.
of Jose Santos Sanchez, plication on the grounds §245 by virtue of being a Thus, an individual who
holding that a grant of an El Salvadoran na- that “[a] grant of TPS TPS recipient. was admitted to the
Temporary Protected
Status (TPS) does not tional who entered the does not cure a foreign United States in lawful
constitute an admission United States without national’s entry without The Court drew a B-2 status for example,
under INA § 245(a) for inspection in 1997 and inspection or constitute but fell out of status be-
was subsequently grant- an inspection and ad- distinction between fore being granted TPS
purposes of adjustment ed TPS based on a series mission of the foreign might be able to adjust
of status. Though over- of earthquakes in his national”. the concept of “ad- status, having satisfied
all a disappointing deci- home country. In 2014, Sanchez challenged mission” and one’s both the “admission”
sion, the Court’s opinion
the denial, and the Dis- immigration status, and “nonimmigrant sta-
trict Court ruled in his tus” requirements.
favor, holding that an noting that there are Thus, it is unclear
LPR “’shall be consid- several categories whether a grant of TPS
ered as’ having ‘lawful “wipes out” a lapse in
status as a nonimmi- of individuals who one’s nonimmigrant sta-
grant’ for purposes of have nonimmigrant tus, no matter the dura-
applying to become an tion. Justice Kagan gives
LPR”. See Santos San- status without hav- the more narrow exam-
chez v. Johnson, 2018 ing been admitted ple of an individual who
WL 6427894, *4 (D NJ, was out of status for a
Dec. 7, 2018). The Dis- to the United states few months before re-
trict Court further held (alien crewmen, ceiving TPS, potentially
that INA §244(f)(4) re- implying that TPS ends
quires TPS holders to crime victims in U an individual’s time out
be treated “as though visa status, etc.). of status who otherwise
[they] had been ‘inspect- would have exceeded
ed and admitted.’” The 180 days and been un-
m of Third Circuit, though, Though unfortunate able to adjust under
CYRUS D. MEHTA & PARTNERS PLLC reversed, holding that that the Court did not INA § 245(k). However,
“a grant of TPS does consider a grant to TPS a noncitizen relying on
not constitute an ‘ad- to be an admission un- §245(k) to adjust sta-
mission’ into the Unit- der INA § 245(a), Jus- tus would not need to
ed States.” Sanchez v. tice Kagan’s opinion in- have received TPS, or
Secretary U. S. Dept. of cludes some interesting any other nonimmigrant
Homeland Security, 967 language that may leave status, to file an employ-
F. 3d 242, 252 (2020). open some avenues for ment based I-485 within
2 6th Floor
The Supreme Court, TPS recipients to adjust 180 days of admission.
www.TheIndianEYE .com
