Immigration · Primary-source case analysis

Sanchez: TPS Alone Does Not Supply the Admission Required for Adjustment

By Aneeta Mishra and Timothy Chan

Published September 12, 2026

Sanchez v. Mayorkas considered whether Temporary Protected Status cures the separate admission problem for an applicant who entered the United States without inspection.

Adjustment generally requires inspection and admission or parole

Section 1255 ordinarily requires an applicant to have been inspected and admitted or paroled. Sanchez had entered unlawfully and did not claim he could meet that threshold without relying on his later TPS grant.

TPS provides lawful status but not a fictional entry

The TPS statute allows a qualifying person to remain and work temporarily and treats the person as maintaining lawful nonimmigrant status for adjustment purposes. The Court held that this language does not also deem the person admitted.

Status and admission are distinct statutory concepts

Immigration law can recognize nonimmigrant status without admission. Because Congress addressed status in the TPS provision but said nothing about admission, the Court would not add the missing admission requirement by implication.

The Third Circuit’s judgment was affirmed

The unanimous Court held that TPS alone did not make Sanchez eligible to adjust under section 1255 after an unlawful entry. It noted that some TPS recipients may independently satisfy admission and that Congress could adopt a broader rule.

Key takeaways

• Build a complete entry, travel, parole, status, and inspection history.
• Do not treat lawful TPS presence as identical to admission.
• Identify any independent statutory path that satisfies or excuses the admission requirement.
• Check current agency policy and later legislation before filing an adjustment application.