Adjustment of Status and TPS
9th Circuit Court of Appeals: TPS Adjustment of Status – TPS Recipient Is Eligible to Adjust to LPR Status
Adjustment of Status and TPS: I have TPS. Can I apply for Adjustment of Status (Lawful Permanent Residency) in the U.S.? IT DEPENDS
Adjustment of Status and TPS: The recent 9th Circuit Court of Appeals decision, Ramirez v. Brown, holds that Temporary Protected Status (TPS) is lawful status, that the granting of TPS is an admission, and therefore a TPS grantee is eligible for adjustment of status if all other requirements are met. What does that mean? If you have TPS, and are otherwise eligible to get your green card (lawful permanent residence), you may apply for a green card in the U.S. This is great news for many. However, USCIS and DOJ may apply this decision in various ways. You should always consult with an experienced immigration attorney.
The court held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence. (Ramirez, et al. v. Brown, et al., 3/31/17)
Adjustment of Status and TPS: The Sixth Circuit has also reached this same conclusion regarding a TPS Adjustment of Status and that a TPS grant is an “admission.” See Flores v. U.S. Citizenship & lmmigration Services, 71 8 F. 3d 548 (6th Cir. 2013).
You should always consult with an experienced immigration attorney before filing any application and not rely on information on various websites. This information does not constitute legal advice.
Adjustment of Status and TPS
Los Angeles TPS Attorney – Los Angeles Adjustment of Status Attorney – Los Angeles Immigration Attorney
Nikki Jacobson, Attorney at Law
Los Angeles Workers’ Compensation Attorney
Immigration Lawyer in Los Angeles
REPRESENTING IMMIGRANT WORKERS
WHAT YOU NEED TO KNOW ABOUT IMMIGRATION CONSEQUENCES
Thursday, March 9, 2017
3500 Ramona Blvd.
Monterey Park, CA 91754
For More Information Contact: Isabel Pires at (916) 267-1129
Join me next week as we discuss crossover legal issues in immigration and workers’ compensation law as related to immigrants injured at work. We will also discuss how to properly navigate concerns that arise when a client’s immigration status affects the workers’ compensation case and vice versa. Topics will include:
- Immigration and Nationality Act (INA)
- The Federal Immigration Reform and Control Act of 1986 (IRCA)
- Form I-9 Employment & Immigration Issues
- California Labor Code §3351: Employee means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes: (a) Aliens and minors…
- Labor Code 1171.5 provides, in pertinent part, as follows: all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. Further, Labor Code section 1171.5 provides that for purposes of enforcing state labor and employment laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status.
- Labor Code sections 3733 and 4756 to ensure that regardless of their citizenship or immigration status, an injured employee is not precluded from receiving benefits under the Uninsured Employers Benefits Trust Fund or the Subsequent Injuries Benefits Trust Fund.
- False Claim to U.S. Citizenship
- Problems with valid SSN
- Issues at Depositions
Free Workers’ Compensation (Work Injury) Consultation
Free Personal Injury Consultation
Call Now For An Immigration Consultation
Attorney Nikki Mehrpoo Jacobson has represented individual clients in immigration (visa) and workers’ compensation (work injury) matters employed at a variety of companies in California, the United States and through out the world.
Below is a partial list of the employers:
ADP Total Source, Inc.
AGBT – American Express Global Business Travel
Alliance for Sustainable Energy
American Family Insurance
Anheuser-Busch Companies, LLC
Bank of America
Becker’s School Supplies
Blue Coat Systems Inc.
Boston Scientific Corporation
Bridgepoint Education, Inc.
Career Education Corporation
Carle Foundation Hospital
Catalina Marketing Corporation
Cedar Sinai Medical Center
Center Light Health System
CIT Group Inc.
City of Coral Gables
Cognizant Technology Solutions
Concentric Rockford Inc.
Data Card Corporation
Dealertrack Technologies, Inc.
Ernst & Young LLP
Everest Reinsurance Company
Golub Corporation D/B/A “Price Chopper”
Health Net Inc.
Huntington Ingalls Industries, Inc.
Jack Henry & Associates
John Hancock Life Insurance Company (USA)
Lahey Clinic Foundation, Inc.
Lakeside Union School District
Latham & Watkins LLP
Laureate Education, Inc.
Leggett & Platt
Levi Strauss & Company
Luther Holding Company DBA Luther Automotive
Madison Square Garden
McCarthy Building Companies, Inc.
Meridian Health System
Merrill Communications, LLC
NCCI Holdings, Inc.
Northeast Rehabilitation Health Network
Northrop Grumman Corporation
Prudential Insurance Company
Regus Management Group LLC
SeaWorld Parks & Entertainment, Inc.
Southern Research Institute
Southwest Research Institute
St. Catherine University
Stanford Hospital & Clinics
State of Georgia
United Nations Staff Union
United Rentals, Inc.
United Technologies Corporation Aerostructures Division
University of North Florida
UPS – United Parcel Service, Inc.
Vail Resorts Management Company
Valdosta City Schools
Vitas Hospice Services LLC
Western Asset Management Co.
Worcester Polytechnic Institute
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