Nepali nationals in the U.S. on Temporary Protected Status (TPS) who plan to change to a nonimmigrant status such as F-1 or pursue adjustment to a green card must ensure that their most recent entry into the U.S. was recorded as an ‘admitted’ entry—not merely as a ‘parole.’
This is based on the USCIS policy memorandum issued in July 2022, which allows TPS holders to adjust or change status only if they were formally ‘admitted’ into the U.S. after travel on advance parole.
It’s strongly recommended that TPS holders visit a CBP Deferred Inspection Office and verify not just the passport stamp, but also the electronic CBP record (I-94 and internal notes). In some cases, even when the passport has been stamped ‘Admitted,’ the CBP system still reflects the entry as a parole, leading to denials of change of status applications.
To qualify under the TPS memo of July 2022, the CBP computer record must reflect an “admitted” entry. If your I-94 or CBP record shows parole, USCIS will not honor your change of status request—even if the passport stamp suggests otherwise.
It’s recommended to check your passport stamp and download your I-94 at https://i94.cbp.dhs.gov. Visit the Deferred Inspection Office at your port of entry, especially if any inconsistencies exist, and request correction of the record if it shows ‘Parole’ instead of ‘Admitted.’ Act immediately—preferably before August 5, 2025—if you plan to file for change of status to avoid delays or denials. Have your immigration attorney contact CBP if your request is refused.
In New York (JFK Terminal 5), officers are mostly cooperative and have helped correct records. In Los Angeles (LAX) and San Francisco (SFO), however, officers have been reluctant, and legal assistance may be needed.
In a positive development, we just secured our first approval of a TPS-to-F-1 change of status after correcting the CBP record to reflect an admitted entry. This case was previously denied last month because the record showed a parole entry—even though the passport was stamped “Admitted.”
If you are a Nepali TPS holder planning to change your status, do not assume the passport stamp is enough. Double-check the CBP system to ensure your entry is properly recorded as “Admitted.” The time to act is now. Delays could permanently impact your ability to change or adjust status from within the U.S.
This is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
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Keshab Raj Seadie, Esq.
View More PostsKeshab Raj Seadie is an immigration lawyer located in New York City and the founder of the Law Offices of Keshab Raj Seadie, PC. The firm has been serving clients for over twenty years, offering counsel and representation in a wide range of immigration law areas.
