USCIS Releases Policy Alert on the Effect of Travel Abroad by TPS Beneficiaries with Final Orders of Removal

USCIS is updating its policy manual to clarify the effect of travel outside the United States by Temporary Protected Status (TPS) beneficiaries who are subject to removal proceedings. The policy is effective December 20, 2019; comments are due January 6, 2020.

Policy Highlights:

• Clarifies that generally, a TPS beneficiary who departs and returns to the United States based on authorization to travel remains in the same exact immigration status and circumstances as when he or she left the United States.
• Clarifies that TPS beneficiaries who had outstanding, unexecuted final removal orders at the time of departure, remain TPS beneficiaries who continue to have outstanding, unexecuted final removal orders upon lawful return.
• Clarifies that TPS beneficiaries in removal proceedings at the time of departure but who did not have a final order of removal, remain TPS beneficiaries in removal proceedings upon lawful return, unless those proceedings have been otherwise terminated.

Related Resources

• USCIS Press Release: Update on Travel by Temporary Protected Status Beneficiaries in Removal Proceedings – December 20, 2019
• Practice Advisory: Adjustment Eligibility of TPS Holders After Return With Advance Parole, Even With Initial Entry Without Inspection
• Walk-through of the Council’s Upcoming Practice Advisory: Adjustment Applications of TPS Holders
• Tracking USCIS Policy Manual Changes