U.S. Citizenship and Immigration Services on Friday, December 20, 2019, updated the USCIS Policy Manual to clarify the effect of travel outside the United States by Temporary Protected Status (TPS) beneficiaries who are subject to removal proceedings.
TPS beneficiaries in removal proceedings who travel abroad temporarily with an advance parole document and authorization of DHS remain subject to those removal proceedings. If they are under a final order of removal, the travel does not execute or fulfill the order. The TPS beneficiary in question remains subject to the removal order.
The Executive Office for Immigration Review of the Department of Justice will generally have jurisdiction over an adjustment of status application filed by a TPS beneficiary subject to removal proceedings. USCIS continues to have jurisdiction over requests from TPS beneficiary initially paroled into the United States. By statute, upon return to the United States with TPS travel authorization, TPS beneficiaries retain the same immigration status they held before departing the United States.
