Settlement Offers Pathway to Permanent Residency for Certain TPS Beneficiaries with Removal Orders

On March 21, 2022, USCIS reached a settlement that provides that until at least January 19, 2025, DHS should generally exercise prosecutorial discretion to reopen and dismiss removal orders for TPS beneficiaries who meet the following criteria:

• Currently possess Temporary Protected Status (TPS);
• Have a removal order issued by the Executive Office of Immigration Review (EOIR) or legacy INS;
• Have traveled on advance parole since the removal order was issued; and
• But for the removal order, are otherwise prima facie eligible for adjustment of status with USCIS, including but not limited to an approved or pending I-130 filed by an immediate relative.

The settlement is significant because eligible foreign nationals can now apply for adjustment of status.