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Carlos Batara - Immigration Attorney

8 Ways TPS Beneficiaries Can Win Permanent Residence (Even If TPS Is Terminated)

– Posted in: Temporary Protected Status (Past And Present)


Though more vulnerable than ever before, Temporary Protected Status beneficiaries need not give up the fight.

On September 14, 2020, the Ninth Circuit of Appeals struck a near-fatal body blow to the dreams of nearly 300,000 TPS beneficiaries, leaving them groping for air as the program neared its death bed.

A few weeks later, the Biden Administration extended the life line of the six nations facing termination under the Ninth Circuit’s ruling to December 31, 2022.  As the deadline neared, on November 10, 2022, the government again extended their TPS benefits, up to June 30, 2024.

If you’re a TPS recipient, of course, uncertainty remains about the future of TPS, whatever your nation of origin.  However, despite a sour TPS ending, winning permanent residence may still be in the cards for you.

Syrian Temporary Protected Status Extended: Reversal Of Trumpism (Next Stop: Asylum?)

– Posted in: Temporary Protected Status (Past And Present)


The fundamental premise behind Temporary Protected Status is quite simple.

If the United States is truly the leader of the free world, it has a political obligation to lend a helping help to less fortunate nations.

Especially in their moments of crisis.

Like Syrian citizens who have escaped from a brutal civil war in their home country.

South Sudan TPS And Sudan TPS: Extension And Redesignation To 2025

– Posted in: Temporary Protected Status (Past And Present)

Once again, President Biden has extended the Temporary Protection program for immigrants from Sudan and South Sudan.

South Sudan TPS 

Most Recent Registration Period: September 6, 2023 – November 6, 2023
Current Expiration Date: May 3, 2025

Sudan TPS  

Most Recent Registration Period: August 21, 2023 – October 20, 2023
Current Expiration Date: April 19, 2025

Supreme Court Rules TPS Grant Is Not A Legal Admission For Permanent Residence. What’s Next?

– Posted in: Temporary Protected Status (Past And Present)

Defeat in law, especially immigration law, should be taken with a grain of salt. It is not uncommon for policies and principles to change over time.

“When one door closes”, Alexander Graham Bell once noted, “another often opens.”

He could have been talking about the Temporary Protected Status program.

On June 7, 2021, the Supreme Court denied the eligibility of TPS beneficiaries to seek adjustment of their status to permanent residence without leaving the United States.

Is their hope of becoming a lawful permanent resident now gone forever?

Haiti Temporary Protected Status Extended To August 2024

– Posted in: Temporary Protected Status (Past And Present)


On Dec. 5, 2022, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension of Haiti for TPS for 18 months, from Feb. 4, 2023, through Aug. 3, 2024.  This will enable Haitians who were had TPS status earlier to continue living and working legally in the United States for the duration of the designated period.

By virtue of the re-designation, Haitian immigrants who have been continuously residing in the United States since November 6, 2022 will be allowed to apply for TPS benefits for the first time during the new registration period.

The program has been on its death bed since the Trump Administration announced its plan to terminate Haiti’s TPS status in January 2018.  Various lawsuits managed to keep the alive, pending the outcome of those cases.

After an exhausting up-and-down legal battle, the extension provides Haitians with the chance to once again breathe a temporary sign of relief.

From TPS To Asylum In Canada: Betrayal, Hope, And Fear

– Posted in: Temporary Protected Status (Past And Present)


Is Canada the TPS solution?

A few days ago, Samuel, a client from Haiti, visited my San Bernardino immigration office. He wanted to talk about the future of the Temporary Protected Status program.

He worried that winning permanent residency was not in the cards. Samuel knew about the latest efforts to derail the TPS path to green cards through marriage.

Fearing deportation and a forced return to his home country, he confided he had been working on Plan B.

Somalia Temporary Protected Status Extended To September 24, 2024

– Posted in: Temporary Protected Status (Past And Present)


Somalia Temporary Protected Status Update

Re-Registration Period For Current Beneficiaries: March 18, 2023 – May 12, 2023

First Time Registration Period: March 18, 2023 – September 24, 2023

Current Expiration Date: September 24, 2024

Temporary Protected Status For Somalia is our country’s oldest TPS program. Yet, conditions have not improved enough for Somalis to return safely to their homeland.

On January 12, 2023, Alejandro Mayorkas, director of the U.S Department of Homeland Security, extended and redesignated Temporary Protected Status for Somalia because the conditions in Somalia that prompted the original TPS designation remain ongoing and have been exacerbated in recent years.

“Longstanding conflict, along with natural disasters and disease outbreaks, has worsened an already severe humanitarian crisis. Somalia continues to be affected by terrorism, violent crime, civil unrest, and fighting among clan militias. These conditions prevent Somali nationals and habitual residents from returning safely.”

Based on this review, the Department of Homeland Security determined the 18-month extension was appropriate.