Travel With TPS Travel Document But Have Order Of Removal
25 September 2024Author: New York Immigration Lawyer
Beneficiaries of Temporary Protected Status (TPS) who have a final order of removal often wonder whether they can travel abroad and return to the U.S. on advance parole. Previously, many TPS holders were able to do so, and upon their return, they could adjust their status. However, recent USCIS policy changes clarify that traveling on advance parole does not eliminate an existing order of removal. Therefore, TPS holders with removal orders remain subject to those orders upon re-entry, and adjustment of status will be more difficult.
In recent years, the U.S. Citizenship and Immigration Services (USCIS) has provided clarification that traveling on advance parole does not invalidate a previous removal order. If a TPS holder with an order of removal travels abroad, they will still be considered under an unexecuted order upon their return. This complicates the process for individuals hoping to adjust their status based on parole entry. The current USCIS policy states that traveling on advance parole does not alter the individual's status—removal proceedings that were in progress remain active, and if there was a final order of removal, it still stands. This policy shift effectively closes a previously available loophole for TPS holders.
Board of Immigration Appeals Decisions and Impact on Travel
The Board of Immigration Appeals (BIA) has been instrumental in interpreting and applying these changes. In several recent rulings, the BIA affirmed that TPS holders returning on advance parole cannot sidestep prior removal orders. One of the central issues is whether the act of leaving and returning on advance parole should be considered as executing a final removal order. While past rulings occasionally allowed such interpretations, more recent decisions have taken a stricter approach, underscoring that TPS beneficiaries still face unexecuted removal orders upon their return unless they take additional legal steps.
Adjusting Status After Traveling on Advance Parole
TPS holders who do not have an order of removal or deportation may still be able to adjust their status after traveling on advance parole. However, they must meet certain criteria, including being inspected and paroled into the U.S. to fulfill the requirements for adjustment of status under INA section 245. This section mandates that an individual must be "inspected and admitted or paroled" into the U.S. for status adjustment. Therefore, those without prior removal orders and who re-enter the U.S. under parole have a clearer path to adjust their status.
For those with existing removal orders, however, the path is more complex. They must deal with their unexecuted removal orders before being able to adjust their status. Immigration courts remain the key venue for TPS holders with pending removal proceedings. In some cases, TPS holders may be able to argue for status adjustment in front of a judge, but this will require careful legal analysis of their individual circumstances, including the specific nature of their removal order and whether they qualify for any exceptions under current immigration laws.
Conclusion
In summary, while TPS provides significant protections and benefits, individuals with a final order of removal must navigate increasingly complex legal terrain when it comes to traveling abroad. Current USCIS policies and BIA rulings emphasize that advance parole travel does not eliminate prior removal orders, and those orders remain active upon the individual's return. For individuals facing these challenges, legal representation and careful navigation of immigration law are crucial.
TPS holders considering international travel must be fully aware of the implications, particularly if they have a final removal order. It is advisable to consult with an immigration lawyer to evaluate the risks and potential consequences before traveling. In some cases, additional legal steps may be necessary to address outstanding removal orders before adjusting status.