So says the 6th circuit in a landmark ruling just handed down. Finally, a judge who has the courage to apply the statute as it reads.
Chastising the government for its refusal to apply the plain letter of the law, the 6th Circuit concluded its ruling with the following language:
” Being consistently wrong does not afford the agency more deference than having valid reasoning…If the statutes are interpreted as the Government argues they should be, the result would be absurd. The Government is essentially telling him that he is protected and can stay here, but that he will never be allowed to become an LPR, even for an independent basis. Under the Government’s interpretation, Mr. Suazo would have to leave the United States, be readmitted, and then go through the immigration process all over again. This is simply a waste of energy, time, government resources, and will have negative effects on his family—United States citizens. We are disturbed by the Government’s incessant and injudicious opposition in cases like this, where the only purpose seems to be a general policy of opposition for the sake of opposition.”
USCIS has consistently taken the position that beneficiaries of Temporary Protected Status who entered without inspection and are married to US citizens are ineligible to adjust their status because they were not “admitted” within the meaning Section 245(a). This position is flatly contradicted by the TPS statute itself, which clearly states that an individual with TPS is considered to be “in lawful status.”
It remains to be seen if USCIS will grant deference to this ruling outside of the 6th Circuit. But what a glorious start!
If you have TPS and are married to a US citizen, contact my office today to see if you may benefit. Call immigration attorney Karyn Schiller at 914 358-1400 or Click here to make an appointment