TPS and U Visa Do Not Count as ‘Admission’ for Green Card Eligibility Under INA 245(a), USCIS Clarifies in New Policy Alert

U.S. Citizenship and Immigration Services (USCIS) has issued a new policy alert clarifying that a grant of Temporary Protected Status (TPS) or U nonimmigrant status does not meet the “inspected and admitted” requirement for adjustment of status to lawful permanent residency under section 245(a) of the Immigration and Nationality Act (INA).

The guidance, effective immediately, aligns USCIS adjudications with the U.S. Supreme Court’s 2021 ruling in Sanchez v. Mayorkas and updates the agency’s Policy Manual (Volume 7, Part B, Chapter 2). It applies prospectively to all applications decided on or after November 3, 2025.

To qualify for adjustment under INA 245(a), an individual generally must have been inspected and admitted or inspected and paroled into the United States. In Sanchez v. Mayorkas (141 S. Ct. 1809), the Supreme Court held that TPS does not constitute an “admission,” even if granted while the individual is present in the U.S.

In its decision, the Court specifically cited U nonimmigrant status—available to victims of certain crimes who assist law enforcement—as another example of a status that can be granted within the United States without constituting an “admission” for INA 245(a) purposes. USCIS emphasized: “A grant of U nonimmigrant status to an alien in the United States is not an admission for purposes of adjustment of status under INA 245(a).”

Individuals who entered the United States without inspection and later obtained U status are no longer eligible to adjust status under the general INA 245(a) provision. However, the agency noted that this change does not eliminate their path to permanent residency. U visa holders remain fully eligible to adjust status under the specialized INA 245(m) provision after maintaining valid U status for three years, regardless of their initial entry.

USCIS acknowledged that the prior lack of clear guidance may have led to inconsistent adjudications. Some applicants—particularly those who entered without inspection—may have mistakenly relied on their U status to satisfy INA 245(a) requirements. The agency stressed that the update reflects the plain statutory text of the INA and congressional intent, citing recent precedents such as Loper Bright Enterprises v. Raimondo (2024).

The new policy supersedes any prior conflicting practices and aligns decisions with the statutory language, as reinforced by Supreme Court rulings on statutory interpretation.

This update primarily affects undocumented entrants who later obtained U nonimmigrant status and sought to use the standard adjustment pathway. Those who entered lawfully with a U visa at a port of entry are unaffected and can still adjust status under INA 245(a). Immigration attorneys urge affected individuals to evaluate their cases under the INA 245(m) process and consult the updated USCIS Policy Manual for complete details.