Lucky if you live in the 6th judicial circuit (includes Tennessee) or the 9th judicial circuit (includes California). The federal courts there have held that a grant of Temporary Protected Status (TPS) is an admission for purposes of adjustment of status. The USCIS Administrative Appeals Office disagrees, however. In the administrative decision Matter of H-G-G, the AAO held that TPS is not an “admission” for the purpose of adjustment status. The AAO further confirmed that although TPS recipients maintain lawful status, a grant of TPS does not cure unlawful presence that disqualifies the individual for eligibility to adjust status and potentially subjects the individual to a 10-year bar. Fortunately, USCIS published a policy memo stating it will continue to follow the 6th and 9th circuits’ decisions on TPS in those respective jurisdictions, but it will adopt the recent AAO decision on all other cases. It is important to pay special attention to this, especially in employment- and family-based cases in which the applicant is not the petitioner’s immediate relative. If you are on TPS or if your employee is on TPS, contact our office for a thorough analysis of adjustment of status eligibility and/or other immigration options that might apply.