Personal Injury

Supreme Court makes it more difficult for TPS recipients to obtain Green Cards


Last week, the US Supreme Court released its opinion re Sanchez v. Mayorkas, a case that questioned whether an individual with Temporary Protected Status (“TPS”) is considered to be lawfully admitted and thereby eligible to obtain lawful-permanent-resident status. TPS is typically granted to migrants fleeing economic, environmental or political disaster in their home countries. TPS designation is made by the Secretary of Homeland Security to certain countries. Currently, certain citizens from El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Yemen, Venezuela and Burma, may be eligible for TPS. TPS holders can reside and work in the United States but are not able to obtain a green card. The designated status is only temporary.

Applicants applying for a green card from within the United States have to show that they were admitted or paroled into the US. In order to get a green card (or adjust their status) they must have had a prior status. Some federal circuit courts (the Sixth, Eighth, and Ninth circuits) have found TPS to be an admission for adjustment purposes. But others (the Third and Eleventh circuits) have said that TPS does not sufficiently qualify as an admission. In last week’s decision, the Supreme Court unanimously favored the Third and Eleventh circuits’ stance, effectively making the consideration of TPS as an admission void.

Despite the Supreme Court’s decision that TPS holders may not adjust status, the Biden administration or Congress may nonetheless extend or even expand TPS protection. The White House proposed a bill in February called the “U.S. Citizenship Act of 2021” which would allow TPS holders to apply for green cards. No decision has yet been made on the proposed legislation.

Supreme Court’s decision on TPS

If you have questions about TPS, please call Blaszkow Legal, PLLC today to see if you are eligible at (703) 879-5910.

If you are a TPS recipient and want to apply for a green card, this decision does not mean you are completely disqualified. Please call Blaszkow Legal, PLLC to see whether you have a path to a green card and what additional steps would need to be taken at (703) 879-5910.

Icy Parking lot

While 2019 and 2020 were no-snow years, #2021 has brought us our first significant snow fall in recent memory. With this #storm came #ice and #sleet, which made driving within the DC Metro area even more dangerous than it already is.

Read More
Car Insurance graphic

What happens when you are hurt as the result of a car accident, and your injuries are severe, but the tortfeasor (person who caused the injuries) has insufficient insurance coverage? Blaszkow Legal, PLLC can help you find additional coverage to maximize your recovery.

Read More
blog post image

Virginia has implemented some new laws that directly impact traffic safety, and the way we drive. The legislature has created a new class, “vulnerable road users,” such as bicyclists and animal-driven vehicle operators. Additionally, the laws relating to how a motorist stops for a pedestrian has changed.

Read More
Coronavirus - How it is Affecting Blaszkow Legal graphic

he Alexandria Injury Attorney / Blaszkow Legal, PLLC, is acutely aware of concerns raised by the coronavirus pandemic. Many courts have closed, and postponed almost all non-emergent hearings and trials. Several courts, including the Maryland Court of Appeals and Virginia Supreme Court have issued orders staying proceedings.

Read More
blog post image

The 2020 Alexandria Injury Attorney calendars are in! All you have to do is send an email to info@blaszkow.com with your name, email address, and mailing address and we will mail you one, free of charge!

Read More