U.S. Customs and Border Protection (CBP)’s incorrect classification of Temporary Protected Status (TPS) holders as “paroled” instead of “admitted” upon their return to the United States after authorized travel is causing widespread denials by U.S. Citizenship and Immigration Services (USCIS).
Many Nepali TPS holders, who applied for a change of status before the August 5 TPS expiration, have reported encountering this problem.
CBP’s reluctance to correct these errors, combined with inconsistent responses from CBP Deferred Inspection Offices, has left many TPS holders in a precarious situation. New York-based immigration attorney Keshab Raj Seadie notes that this issue has become particularly prevalent under the recent Trump administration, marking a significant departure from past practices.
NepYork reached out to CBP regarding this issue; however, CBP declined to comment and deferred the request to USCIS.
Temporary Protected Status (TPS) is a humanitarian program that allows nationals of designated countries facing crises—such as armed conflict or natural disasters—to remain in the U.S. temporarily with work authorization. TPS holders traveling abroad must obtain Form I-512T authorization, introduced in July 2022 to replace advance parole, to return to the U.S.
Upon re-entry, CBP is supposed to inspect and admit them under their TPS status. However, when CBP erroneously records their entry as “paroled” instead of “admitted,” it creates significant barriers to status adjustment or change. This is because the “inspected and admitted” requirement is critical under Section 245(a) of the Immigration and Nationality Act (INA).
The distinction between “admitted” and “paroled” is crucial. “Admitted” status signifies formal entry with a specific immigration status and is often required for LPR adjustment. In contrast, “parole” is temporary entry permission that can disqualify applicants from certain immigration benefits.
A 2020 Administrative Appeals Office decision, Matter of Z-R-Z-C-, ruled that TPS holders returning on advance parole were not considered “admitted” for adjustment purposes. However, USCIS’s July 2022 policy update clarified that TPS holders with Form I-512T should be considered “inspected and admitted.” CBP’s errors in recording entries as “paroled” undermine this policy, leading to USCIS denials.
USCIS’s own policy manual, Volume 7, Part B, Chapter 2, explicitly addresses the treatment of TPS beneficiaries for adjustment of status purposes. Crucially, for TPS beneficiaries who travel abroad with prior consent from DHS and return to the United States in accordance with that authorization, the policy manual states: “Upon returning to the United States in accordance with the terms of DHS’s prior authorization, a TPS beneficiary must be inspected and admitted into TPS, with certain exceptions. TPS beneficiaries whom DHS has inspected and admitted into TPS after such authorized travel are ‘inspected and admitted’ for purposes of adjustment of status under INA 245(a). This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.”
The policy manual also details the “Retroactive Application of Current Policy,” stating that in some cases, USCIS applies the current policy retroactively, considering past travel to have resulted in an inspection and admission for purposes of INA 245(a), even if the policy or practice in place at the time of travel instructed otherwise. This retroactive application hinges on several requirements, including obtaining prior authorization to travel, maintaining TPS status during travel, returning in accordance with authorization, and being inspected and paroled or otherwise permitted to pass into the U.S. upon return. While factors like prior policy and USCIS’s change in practice may weigh against retroactivity, the statutory interest in applying the best interpretation of the statute generally weighs in favor. USCIS expects that, under the “Retail Union test,” retroactive application of the current policy is appropriate in most adjustment of status applications and favorable to the applicants.
Seadie notes that prior to the Trump administration, USCIS rarely denied applications based on CBP’s entry classification errors. He states, “In the past, this issue wasn’t as prevalent. After July 2022, whether CBP stamped ‘paroled’ or ‘admitted’ at the airport, USCIS typically did not reject applications on that basis. However, we are now seeing widespread denials of change-of-status or adjustment-of-status applications due to this issue.”
This problem is particularly acute for TPS holders seeking nonimmigrant statuses, such as F-1 student visas, with USCIS often rejecting applications without issuing Requests for Evidence (RFE). Compounding the issue, some TPS holders report that CBP Deferred Inspection Offices refuse to correct erroneous “paroled” designations on Form I-94, Arrival/Departure Record, which is critical for immigration processes.
Ramesh Kunwar (name changed upon request), a Nepali TPS holder from Kentucky who entered via Chicago’s airport last year, shared his frustration: “I requested a correction at the CBP Deferred Inspection Office in Kentucky, but they refused to fix the stamp. I then went to the CBP office at New York’s John F. Kennedy Airport, but they wouldn’t give me an appointment and told me to go back to Chicago. With Nepal’s TPS designation set to expire soon, I’m at a loss about what to do. Traveling to resolve this has already cost me a lot of money.”
Responses from CBP offices vary widely. Some Deferred Inspection Offices correct stamps regardless of the entry airport, while others direct applicants to the CBP office at the port of entry. However, even at the relevant airport, some TPS holders report that CBP refuses to make corrections. Seadie explains, “CBP offices at West Coast airports, like those in California, have often refused to correct stamps. East Coast CBP offices have, in many cases, been more cooperative and corrected the stamps.”
In cases where corrections are made, outcomes can be positive. Seadie recounts, “When applications for TPS holders seeking F-1 visas were rejected due to CBP’s stamping errors, we sent applicants to CBP’s Deferred Inspection Office with the USCIS denial letter. After CBP corrected the error, we refiled, and USCIS approved the status change.”
He provided a specific example: “In June, we filed a TPS-to-F-1 application via premium processing. The passport had an ‘admitted’ stamp, but USCIS rejected it because the system showed ‘paroled.’ We sent the applicant to CBP’s Deferred Inspection Office, which corrected the system to ‘admitted.’ We refiled with the updated record, and the application was approved within days.”
However, the inconsistency in CBP’s willingness to correct errors creates significant hurdles. Some applicants face outright refusals or are shuffled between offices, incurring substantial financial and emotional costs.
The Supreme Court decision in Sanchez v. Mayorkas clarified that TPS status alone does not constitute an “admission” for adjustment purposes, but USCIS’s 2022 policy update aimed to ensure TPS holders with Form I-512T are considered “inspected and admitted.”
“CBP’s errors and refusal to correct them undermine this policy. TPS holders with removal orders face additional hurdles, requiring coordination with ICE to reopen and terminate proceedings,” said a New York-based immigration lawyer.
These pervasive errors by CBP are not just bureaucratic inconveniences; they inflict significant financial and emotional burdens on TPS holders. Many individuals incur thousands of dollars in unexpected expenses, including travel costs to distant CBP Deferred Inspection Offices for corrections, refiling fees with USCIS for previously denied applications, and substantial legal fees for attorneys. This financial strain is compounded by the anxiety of potential status loss, especially with the looming expiration of TPS designations for many.
One TPS holder recounted their ordeal: “I filed for a change of status to an F-1 student visa through premium processing because the expiration date for Nepali TPS was rapidly approaching. I had to pay an additional fee for premium processing. My application was rejected due to CBP’s stamping error. When I refiled after getting the stamp corrected, I was forced to pay the premium processing fee a second time. The travel expenses to the CBP office and attorney fees were extra. And don’t even get me started on the stress.”
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
