As of December 20, 2019, USCIS has started updating the USCIS Policy Manual to redefine what it means to travel outside of the U.S. when in Temporary Protected Status (TPS) and subject to removal proceedings.
Beneficiaries who are in final removal proceedings and issued final removal order, and who have left the U.S. and returned on Advanced Parole are included in the policy update. These TPS beneficiaries will remain subject to the removal proceedings and travel for those under a final order of removal will not execute or fulfill the order. They will remain subject to the removal order. Usually, the EOIR (Executive Office for Immigration Review) of the Department of Justice will make determinations relating to TPS-based adjustment of status applications subject to removal proceedings.
USCIS, however, continues to have jurisdiction over requests from foreign nationals originally paroled into the United States. Upon return to the U.S. with TPS travel authorization, TPS beneficiaries retain the same immigration status they held before departing the United States as recognized by statute. Specifically, such travel will not result in the putting forward of any outstanding removal order to which a TPS beneficiary may be subject.
Updated policy highlights include the following clarifications:
- TPS beneficiaries who depart and return to the U.S. based on authorization to travel remains in the exact immigration status and circumstances as when they left the U.S. (reference INA 244(a)(1)(A) on Temporary Protected Status). In certain circumstances, under www.uscis.gov PA-2019-12: Effect of Travel Abroad by Temporary Protected Status Beneficiaries with Final Orders of Removal (Pg 2), USCIS may withdraw TPS status from a foreign national no longer protected from removal.
- TPS beneficiaries with outstanding, unexecuted final removal orders at the time of departure, will remain TPS beneficiaries with continued outstanding, unexecuted final removal orders upon lawful return.
- At the time of departure, TPS beneficiaries in removal proceedings without a final order of removal, will remain TPS beneficiaries in removal proceedings upon lawful return - unless those proceedings have been terminated.
Contact our office if you are a TPS beneficiary in removal proceedings and need help.