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Temporary Protected Status Can Lead to Status Adjustment, Ramirez v. Brown


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.

Yekrangi & Associates 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.

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