Sanchez v. Mayoraks

The conferral of Temporary Protected Status does not admit foreign nationals to the United States and therefore “does not make an unlawful entrant … eligible under § 1255 for adjustment to LPR status.”

Jose Santos Sanchez, an immigrant, had been granted Temporary Protected Status (TPS) and had previously entered the country unlawfully. Sanchez attempted to become a Lawful Permanent Resident (LPR) under 8 U.S.C. § 1255. The United States Citizenship and Immigration Services denied Sanchez's LPR application, and stated that he was ineligible for LPR because he had not been lawfully admitted to the United States; his TPS provided no way around that requirement. The District Court relied on a statutory mandate that TPS recipients are considered as having lawful status as nonimmigrants while applying for LPR, thus, the District Court reversed. The Third Circuit reversed the District Court and held that TPS did not constitute lawful admission into the country. The Court held that the conferral of TPS did not admit foreign nationals to the United States and therefore "does not make an unlawful entrant ... eligible under § 1255 for adjustment to LPR status." The Court reasoned that § 1255's requirement that LPR applicants, like Sanchez, be admitted through legal entry is an independent requirement from the privileges provided by TPS status. AFFIRMED.