[20210611]LSB10607_最高法院：具有临时保护身份的非法入境者不能调整为合法的永久居民身份.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court: Unlawful Entrants with Temporary Protected Status Cannot Adjust to Lawful Permanent Resident Status June 11, 2021 Certain non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act INA) who are physically present in the United States may adjust to lawful permanent resident (LPR) status if they meet certain requirements. Among other things, an applicant for adjustment of status generally must have been “inspected and admitted or paroled” into the United States by immigration authorities. For some time, courts disagreed over whether aliens who unlawfully entered the United States without inspection, but later received Temporary Protected Status (TPS), have been “inspected and admitted” to qualify for adjustment. In Sanchez v. Mayorkas, the Supreme Court, in a unanimous opinion, held that the grant of TPS does not enable an unlawful entrant to pursue adjustment of status. This Legal Sidebar examines the Supreme Courts decision and its implications for unlawful entrants who seek to pursue LPR status. Legal Background INA 245(a) authorizes the Secret