The 9th United States Circuit Court of Appeals has maintained that temporary protected status (TPS) actually constitutes as a form of “inspection and admission” within
immigration law at the conclusion of Ramirez v. Brown. This is a significant ruling, as
immigrants categorized under “admission” becomes eligible
to file for permanent residence through an
adjustment of status. The Immigration and Nationality Act (INA) was cited as reference and
precedent during the case. The United States Citizenship and Immigration
Services (USCIS) is expected to play an integral role in how the 9th Circuit Court’s ruling will actually be implemented.
Furthermore, people who entered the country without official inspection
could obtain a green card due to this ruling. The requirements for such
candidates is marriage to a United States citizen, or be qualified for
permanent residence through other means. It is also worth noting that
the Sixth Circuit Court of Appeals upheld a similar ruling in the past.
Details of Ramirez v. Brown
After leaving El Salvador as a temporary protected status holder, Jesus
Ramirez entered the United States without inspection. When he married
a U.S. citizen later, he applied to become a legal permanent resident.
The USCIS discovered that he had not been inspected and therefore was
missing a critical requirement for LPS status, despite being a lawful
nonimmigrant under other technicalities. Ramirez’s adjustment was
denied, which he appealed.
The 9th Circuit Court of Appeals found that there was an unjustified disconnect
between INA and TPS regulations. It stated that if someone was considered
to be a lawful nonimmigrant, they must have been intentionally admitted
into that status by the appropriate agencies, whether or not inspection
occurred. The court backed its statements by referencing the TPS admission
applications, which are remarkably similar to the admission process used
in any other official immigration format.
Understanding & Utilizing the Ramirez v. Brown Ruling
Now that the 9th Circuit has reached its ruling on Ramirez v. Brown, actually putting its
mandates to use for yourself can still be difficult. The interpretation
and successful implementation of any statute in immigration law often
requires in-depth knowledge of the law overall.
The Law Office of Ashkan Yekrangi, P.C and our Orange County immigration
attorneys can help you file for legal permanent residence through a status
adjustment if you currently have temporary protected status. With our
guidance backed by impeccable legal knowledge and our own first-hand experiences
with America’s immigration systems, you can rest easy knowing that
your immigration case is in capable hands. Call
949.478.4963 to request an
initial consultation, or use an
online contact form, if you prefer.