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What Can I Do After My Temporary Protected Status Ends?

What Can I Do After My Temporary Protected Status Ends?

With the Trump administration’s decision to end temporary protected status for Hondurans and El Salvadorians, it is more important now than ever that immigrants know how to protect themselves. Keep reading our blog to prepare for the looming changes in TPS law, and make sure to contact the Queens immigration attorneys at Musa-Obregon Law PC for all your immigration-related legal needs.

TPS Holders Must Secure Legal Entry into the United States

An individual with temporary protected status may secure a travel document known as an “advance parole.” In the past, United States Citizen and Immigration Services has granted TPS holders advance parole under multiple justifications. Recently, however, USCIS has been requesting individuals to provide evidence of an emergency, such as a sick family member or international business concerns, if they wish to travel outside the U.S. USCIS has apparently chanced this policy because legal entry permits TPS holders to adjust their status, depending on various circumstances. With the changes in temporary protected status law, it is a good idea to apply for travel documents now, before traveling outside of the U.S. This will ensure legal reentry into the United States, as long as you have a legitimate TPS and no criminal charges against you.

TPS Holders Can Adjust Status Via an Immediate Relative

If you are a TPS holder with a legal entry, you may be able to adjust your status in the U.S. if you have an immediate relative, such as a spouse or child under 21 years of age. Quite a few TPS holders have children within 5 years of age 21. Even after their status expires, these TPS holders can secure permanent residence in the U.S. via their children, as long has they have secured legal entry through advanced parole or other means. TPS holders married to U.S. citizens may also be able to change their status, so long as they have secured legal entry.

TPS Holders Can Seek Permanent Residence Through Work

By a process called labor certification, it is possible for TPS holders to secure permanent residence. It is essential for TPS holders to understand what kind of timeline they are looking at though, as this process can last for over a year. In some states, it may not be necessary to travel before undergoing this process, and adjusting your status is not difficult. In other states, however, this may not be possible, meaning you will need to move to another state before finishing your green card application. In either scenario, you will want to discuss this with a skilled employer immigration lawyer who is experienced in labor certifications, and will work to expedite this process as soon as possible, so it is completed before your TPS expires.

Deportation Is Unlikely, But It Is Still Best to Be Prepared

It is extremely unlikely that USCIS will begin deporting TPS holders in large numbers when their current temporary protected status ends. The immigration courts are already intensely busy, and it would be almost impossible for them to handle this many new cases. Moreover, TPS holders who have not been handed a TPS order more often than not have children who were born in the U.S. TPS holders who are put through deportation proceedings may be eligible for cancelation of removal, under what is commonly known as “the 10 year law.” While these cases are not approved often, processing them can take up to several years, allowing affected individuals to seek a work permit while their cases remain pending.

It is worth noting that this option is only open to those who are in the midst of deportation proceedings, so it is not the first strategy to plan for. More importantly, for immigrants with children born in the U.S., if their children reach 21 while their case is pending, they will be able to secure permanent residence status after their protected status expires, so long as they entered the country legally or returned under advanced parole.

A Recent Supreme Court Decision Could Soon Reopen Deportation Cases

Under the recent Pereira v. Sessions Supreme Court decision, you may be able to reopen your immigration case. So long as you were not served with an official “Notice to Appear” containing a court date, you may be able to argue that the notice was defective, meaning the court would not have jurisdiction over your case, and it would need to be reopened. This is a recent decision, so there have not been many arguments built around it so far. However, several cases around the U.S. have already been reopened or terminated based on Pereira v. Sessions. You may be able to use this Supreme Court decision to your advantage, if you secure a copy of your immigration file, and discuss your case with an experienced immigration attorney. A skilled immigration lawyer may be able to use Pereira v. Sessions to help undue your deportation order, and secure a termination or find another avenue for you to remain in the United States.

At Musa-Obregon Law PC, We Are Immigration Advocates

From deportation defense to cancelation of removal, Musa-Obregon Law PC is committed to fighting for the rights of immigrants. Our firm is headed by Attorney Michael Musa-Obregon, a former New York City prosecutor who understands the law from both sides of the courtroom. With over 100 years of combined experience and a long list of successful case results, our Queens immigration professionals are here to help protect you and your family from the Trump administration’s unfair and discriminatory immigration policies.

Call today at (888) 502-8461, or contact us online to schedule a free consultation. Spanish-speaking and other language services are available.


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