Austin Immigration Law Firm Helps Now Eligible DACA and TPS Holders with Adjustment of Status

Austin immigration law firm Nanthaveth & Associates guides holders of Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) on how to adjust their status after the recent USCIS policy memorandum.

The policy memorandum issued in July 2022 announced that DACA and TPS holders can obtain early parole or a TPS travel authorization document to leave the United States. Then, when they return to a US port of entry, they will be “screened and admitted” by a US Customs and Border Protection Officer.

“Inspected and Admitted” is a very important phrase used by United States Citizenship and Immigration Services (USCIS). This is one of the main eligibility factors to become a US green card holder.

According to Immigration and Nationality Act (INA) 245(a), in order for a non-citizen to adjust their status to become a lawful permanent resident (green card holder), they must have been “inspected and admitted to the United States.” This means they entered a US port of entry, were inspected by a Border Patrol agent, and were admitted to the United States.

If a DACA or TPS holder was not “screened and admitted” when first entering the United States, such as by illegally crossing the border, they were not eligible to adjust their status. And in the past, when DACA or TPS holders obtained travel authorization and re-entered the United States, they were not considered “inspected and admitted.”

This changed in July 2022 when USCIS announced that it would now consider advanced parole readmission or a TPS travel authorization document to be “inspected and admitted.” This policy memorandum will provide a pathway to permanent U.S. residency, and eventually citizenship, for thousands of DACA and TPS holders as long as they meet certain requirements.

“Hundreds of our clients who were never eligible to adjust their status are now eligible,” says Vi Nanthaveth, owner and general counsel of Nanthaveth & Associates. “It’s a very exciting time for immigrants across the country.” Nanthaveth recommends all DACA and TPS holders who originally entered the United States illegally to take advantage of this opportunity as soon as possible. Nanthaveth & Associates is offering free immigration consultations to all DACA and TPS holders to help determine if they may now be eligible to adjust their status.

Nanthaveth & Associates, PLLC is a trusted immigration law firm located in Austin, Texas. The immigration law experts at Nanthaveth and Associates are ready to provide legal advice to businesses, families and individuals in the areas of green cards, TPS, deportation, DACA, adjustment of status, work visas, investor visas, family sponsored immigration, employer compliance, self-applications, naturalization, appeals, foreign adoptions and more.

For Austin, TX immigration assistance, call Nanthaveth & Associates at 512.829.7881 or complete the form on their site

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Company Name: Nanthaveth & Associates
Contact person: Gloria Bay
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Town: Austin
State: Texas
Country: United States