This is actually a HUGE deal for any and ALL TPS holders. TPS is "temporary protected status" given to citizens of many different countries around the world usually because of hardships, war, conflicts, disasters or other extreme circumstances in their home-lands. This legal status made them eligible to apply for advanced parole to return to their country to visit family members suffering illness, resolve business or other legal issues or for various other reasons.
One of the benefits of filing for advance parole was the extra benefit of, in certain cases, being eligible to file for their adjustment of status applications ("green card") if they were also married to US citizens or had US citizen kids over 21. Now, the courts are finally starting to agree that it is silly to require an otherwise eligible AOS applicant to leave to a country to visit someone simply to gain a lawful entry to be able to file for adjustment of status under INA § 245. This is especially true for TPS holders who usually cannot return because of the circumstances we discussed above.
The first court to do this was a district court in the state of Washington and now the 9th circuit has agreed with them and affirmed the lower court's ruling. (See FULL OPINION HERE) This is a BIG deal for ANY TPS holders in California as they are eligible, automatically, by law, to file for their green cards, assuming they have a US citizen wife or child (over 21).
If you know of any TPS holders who might be eligible or you yourself are one, please contact my office immediately to discuss how we can get your green card!
My consults are always free: (559) 440-6067
PS The next logical step is why can't a DACA recipient (also in "lawful status as a nonimmigrant" satisfy the same requirements and reasoning for adjusting status under the same law without having to go through the advance parole loophole first?) If anyone would like to volunteer for that case...I will happily take it on and fight it to the top!