Court Case provides Permanent Residence Opportunities for Some Temporary Protected Status (TPS) Holders


Nonresidents with TPS living in California, Hawaii, Alaska and Arizona who qualify for permanent residence under a family based/immediate relative category are now eligible to apply for lawful permanent residence because of a recent decision issued by the Ninth Circuit Court of Appeals.

The Court ruled, in in Ramirez v. Dougherty on March 31, 2017, that a grant of TPS to a noncitizen qualifies as an “inspection and admission” under U.S. immigration laws. As a result a TPS holder who is the spouse, parent or minor child of a U.S. citizen is eligible to apply for permanent residence with the USCIS rather than departing the U.S. and applying through the US Consulate abroad.

TPS is a humanitarian program that allows foreign nationals of certain countries temporary status to remain in the U.S. when it is unsafe for them to return to their home country because of a natural disaster or civil strife. Currently, only 10 countries have been designated for TPS: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen.

FBCL has extensive knowledge and experience with assisting individuals with the legal permanent residency process. We encourage you to set up a consultation to discuss your case with us. Contact us at (415) 781-2338 or