Was for you. Join me in this session, uh, to talk about a new memo that U S C I S issued yesterday,
July 1st, which now makes it possible for some people to adjust their status. Guys, this is great
news and us immigration lawyers are so thrilled by this, watch this video to learn the details,
share this with your feed, um, and others who may need this information, but essentially yesterday,
U S C I S issued a memo saying we're rescinded in old decision from 2020, which prevented TPS
holders who had in, uh, been, um, who had entered the United States without inspection, prevented
them from adjusting their status. And I'm gonna break it down for you in this one, what it means
for those of you out there with TPS, and those of you who are in the application process for TPS and
how you might be able to adjust your status. Um, but for those of you who are new to me,
welcome, welcome to my channel. I'm Latoya McBean POY and immigration lawyer in New York.
Working with clients all over the world. Complex immigration matters. Reach out to us@mcbeanlaw.com
or caller text at 5 1 6 8 6 6 3900 to request a consultation with one of our attorneys. Also
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newsletter. All right, guys, let's talk about this really terrific news. And as I've said, as you're
coming on board and, and watching this session, um, tell me your name and how you're feeling today
and where you're watching from. Okay. So U S C I S issued guys a, the memo yesterday and it rescinds
matter of Z, R, Z C, and this memo deals with TPS holders and their ability to travel and ability to
adjust their status in the United state. Now, I'm gonna show you,
um, this really terrific screenshot here, and I'm gonna walk you through it in momentarily,
but let me just jump back on here and just lay the groundwork for you before we get into what this
really means in that, um, screenshot that I just pulled up in front of you, but in the memo guys
on page one of the memo, the first thing that it says is, um, in a footnote, as a matter of fact,
and I'll read the footnote, it says that the government will issue a new travel document,
a new travel document to those of you, uh, with TPS, the footnote says this,
The new TPS travel document will be available to non-citizens who are invalid TPS status. Those
of you, however, who seek travel authorization based on a pendant initial application for TPS
may continue to apply under the advanced parole procedures. And so what it's saying is this,
if you have, you already have valid TPS status, stay tuned, you're gonna get a new BA, um, travel
document that it will be issued to you. And they'll tell you more instructions about it
as time goes on. But for those of you who have applied for the very first time for TPS and your
application is pending in, you can continue to, um, you can continue to file IFI I 1 31 form to
apply for advanced parole. And those instructions are still on the government's website. Follow
those instructions. The memo also says this guy, secondarily, it says that for those of you,
it says that on page two TPS beneficiaries to whom DHS has inspected and admitted, uh,
into TPS, subsequent to that inspection. And it admission will have been considered
inspected and admitted and, and are present in the United States pursuant to a lawful
admission, including for purposes of adjustment of status under Inna 2 45,
listen carefully to this sentence. This is true. Even if the TPS beneficiary was present without
admission or parole, when initially granted TPS. And so what it's saying here, guys, is those of
you who had entered without inspection. And, um, you had then been granted TPS if you had,
um, left the United States and subsequently been admitted and inspected and admitted the
government considers that to be enough so that you may seek adjustment of status. And so now is
a good time for me to pull up my, my little chart here to show you exactly how this works. So again,
if you entered without inspection, and then you got TPS, if you got advanced parole, the travel
document, uh, and you can, you traveled abroad, you left, I know many, some TPS, uh, holders who
got advanced parole, but they didn't leave. They were afraid to leave. But if you had, if you
travel abroad with your, um, travel document, advanced parole, and you come back in through
a process that is called parole, you're paroled into the United States, humanitarian based on
a humanitarian reason of you being a TPS holder, you can now apply for adjustment of status. That's
precisely what is now the case. Now this was the case guys before Trump became president. And the
decision, the matter of, um, uh, the matter of Z C went into effect, um, in 2020, under the
Trump years, uh, this was the case. This was the case. TPS holders were allowed to adjust their
status after they came back in under, um, advanced parole. Um, but now guys, you may be also saying,
well, um, last year you told us, and we read in the news that the us Supreme court had.
Um, the us Supreme court had issued a decision about TPS holders saying that TPS holders cannot
adjust their status. And yes, that is true. The us Supreme and the memo addresses the us Supreme
court decision. But if you recall, and I'll, um, I may link to this video, that video here,
but if you recall, the Supreme court decision says just because you were
granted TPS doesn't mean that you had lawful admission to come into the United States. So
for purposes of adjustment of status, you, if you entered without inspection,
you're still not gonna be eligible for adjustment of status, despite the fact that you have TPS.
That's what the Supreme court said last year, but the Supreme court did not go as far as also
making a decision with respect to parole. What happens if that TPS holder then leaves
the United States under advanced parole? And then we parole them back in saying, come on in,
um, come on, come on, back in what then Supreme court didn't make a decision on that issue.
And so, because it didn't make a decision on that issue, U S C I S, or the department of Homeland
security, uh, through their smart attorneys, um, decided, well, we still have the authority to
change, um, things and allow for TPS holders who had paroled been paroled back in to now be able to
adjust their status because the Supreme court did not make a decision on that. So that's where this
is today. Of course, it's possible that certain states may even challenge this new policy as the
states, some states are aggressively challenging the Biden administration policies. Um, but, uh, as
of now, as of today, obviously this new policy is in effect. And so you should take definitely,
you should definitely take advantage of this opportunity while it is available to you. Okay.
And so guys, that's, that's key, I've already talked to you about the new travel document will
be issued for those of you who have valid TPS, but you might be saying, well, what about me? I,
you know, I have some issues on my record. I've been thinking about applying for TPS, but I,
I'm not too sure I have a criminal history, or I have some serious things on my record
violations. What then? Well, the government has carved out an opportunity that allows some TPS
holders with, um, in admissibility problems to be able to apply for a waiver. And we
Do those waivers for TPS holders who need the waiver, get screened to ensure that your case is
one that will need, um, that a waiver is available for. And if it's available for it, then it must be
filed along with the TPS application. Okay. Then the other thing I want you to think about guys is,
um, if you're in removal or you have a removal order and you have TPS and it looks, you know,
there's so much going on, can you even apply for adjustment of status? Get your case looked
at also, uh, to determine whether yours is one that can be terminated. Your removal
proceeding can be terminated. Although prosecutorial discretion is under attack
and the Doyle memo, um, has been placed on hold because of litigation because of a, a
judge's decision in Texas doesn't mean that the prosecutorial power or discretion that these
lawyers for DHS has, is entirely gone. They are still making decisions based on
their discretion. And we're still working on those types of cases for our clients around
the country. So don't give up hope if you have an, uh, a removal or a removal order, or if,
um, you know, you are in removal and all of this is happening, these good news, and you're
thinking now, how could I benefit from this? I'm it's still in removal, get your case assessed,
get it assessed to see what is possible for you, because you can, for some people, they could very
well get out of the whole removal mess. Okay. And we help people with that. People who are
eligible to get out of it. All right. So guys, those that's, what's going on again in summary,
um, U S C I S has basically rescinded an old, a decision from 2020, which now makes it possible
for, in, for those of you who entered without inspection, and you have TPS to be able to,
um, travel, get your travel document. You have to be approved for that, and then leave the country,
come back in through lawful admission. And you'll be able at that point to,
um, to adjust your status, don't forget to subscribe to our firm's newsletter
guys@mcbeanlaw.com and, um, subscribe to my channel. And guys, thanks so much for being
with me in this one. And I will see you in the next one, have a wonderful July.