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Temporary Protected Status Immigration Attorney

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If you have ever, now or in the past, been granted TPS status . . .
Now is the time to figure out how to become a permanent resident

TPS Update

TPS has been extended until December 31, 2022 for the six nations – Honduras, El Salvador, Nicaragua, Haiti, Sudan, and Nepal – which were on Trump’s chopping block.

The renewal will be automatic and free of charge. Existing TPS beneficiaries will not need to file any applications to maintain their status and work authorization.

Beyond 2022, it is not known if these six programs will be granted further extensions or whether they will be granted further extensions or whether they will be terminated.

What Is The Current Status Of TPS?

Confusion about the future of the Temporary Protected Status program fuels the worries and fears of many immigrants and their families.

One day, there are news reports that TPS programs will soon be terminated.

A few days later, breaking stories announce that paths to permanent residence are soon to open up.

It’s difficult, at best, to know what to believe.

Is TPS about to end? What are the chances the program will survive?

The reason for such confusion is there are three major legal and political battles that have been taking place over the Temporary Protected Status program.

  • The TPS Lawsuits
  • The Supreme Court Case
  • The Biden Plan

We’ll explore these in more detail.

But first, let’s take a closer look at what countries have protections at present

Which Countries Still Have Temporary Protected Status?

The following chart shares the start date of all countries currently receiving TPS benefits or awaiting a decision from the Biden Administration regarding re-registration.

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Since countries are awarded TPS at different times, their expiration and re-registration dates also vary.

Table Of Contents

To guide you through this discussion, here is an outline of topics addressed below.

ESSENTIAL FACTS ABOUT TEMPORARY PROTECTED STATUS

  • What is Temporary Protected Status?
  • Why Was TPS Created?
  • Temporary Protected Status Requirements
  • TPS Dates At A Glance
  • Legal And Political Battles Over TPS

ONGOING TPS PROBLEMS AND CHALLENGES

  • The TPS Lawsuits And The Lingering Danger Of Termination
  • TPS Granted To Venezuela And Burma: What Does This Portend?
  • Temporary Protected Status Does Not Lead To Permanent Residence
  • What Happens If TPS Expires?

The various sections, which can found below, are independent from each other. Feel free to skip to the section you’re most interested in learning about.

What is Temporary Protected Status?

TPS, short for Temporary Protected Status, was created as part of the Immigration Act of 1990 (IMMACT).

While granted TPS status, immigrants are allowed to stay in the United States and obtain work authorization for an 18-month period.

Those who qualify are:

  • Given valid immigration status for a temporary period
  • Eligible to obtain a work permit and work legally in the U.S.
  • Able to stop deportation and removal proceedings initiated against them

Why Was TPS Created?

Since its birth, Temporary Protected Status has been one of the government’s foremost special immigration programs, serving U.S. humanitarian or abuse protection goals.

TPS allows the Attorney General to provide immigrants with a temporary lawful immigration status if they are unable to safely return to their home country due to an environmental disaster, armed conflict, or other severe conditions.

The specific reasons for granting TPS vary from country-to-country.

Temporary Protected Status Requirements

In general, to qualify:

  • You must be a national of a country designated for TPS, (or a person without a nationality who last resided in the designated country)
  • You must have been continuously physically present in the United States since the most recent Temporary Protected Status designation date for your country
  • You must have continuously resided in the U.S. since the date specified for your country
  • You must not have been convicted of certain crimes or be deemed inadmissible due to activities such as persecution of others or engaging in terrorism

You must properly complete and file all TPS documents before the filing deadline. Late registration is allowed during an extension of your country’s designation period, if you meet certain requirements.

Once you are granted TPS, you must re-register during each re-registration period to maintain your status.

Don’t be fooled by the simple application forms. Immigration requirements are not as simple as they seem.

For example, you need to prove your nationality but the building which kept your records has been destroyed. Or you left the U.S. briefly, and you’re not sure if you can meet the continuous residence requirement.

TPS Registration And Expiration
Dates At A Glance

Because of the various court cases, many of the dates noted below have been frozen and reflect dates from past years. Most likely, either legally or politically, these dates will be adjusted.

1. Burma (Myanmar)TPS
TPS First Designation Date: May 25, 2021
Most Recent Registration Period: May 25, 2021 – November 22, 2021
Current Expiration Date: November 25, 2021

2. El Salvador TPS
TPS First Designation Date: March 9, 2001
Most Recent Registration Period: January 18, 2018 – March 19, 2018
TERMINATION Pending December 31, 2022 Extension

3. Haiti TPS
TPS First Designation Date: January 21, 2010
Most Recent Registration Period: January 18, 2018 – March 19, 2018
TERMINATION Pending December 31, 2022 Extension

4. Honduras TPS
TPS First Designation Date: January 5, 1999
Most Recent Registration Period: June 5, 2018 – August 6, 2018
TERMINATION Pending December 31, 2022 Extension

5. Nepal TPS
TPS First Designation Date: June 24, 2015
Most Recent Registration Period: May 22, 2018 – July 23, 2018
TERMINATION Pending December 31, 2022 Extension

6. Nicaragua TPS
TPS First Designation Date: January 5, 1999
Most Recent Registration Period: December 15, 2017 – February 13, 2018
TERMINATION Pending December 31, 2022 Extension

7. Somalia TPS
TPS First Designation Date: September 16, 1991
Most Recent Registration Period: July 22, 2021 – September 20, 2021
Current Expiration Date: March 17, 2023

8. Sudan TPS
TPS First Designation Date: November 4, 1997
Most Recent Registration Period: October 11, 2017 – December 11, 2017
TERMINATION Pending December 31, 2022 Extension

9. South Sudan TPS
TPS First Designation Date: November 3, 2011
Most Recent Registration Period: November 2, 2020 – January 4, 2021
Current Expiration Date: May 2, 2022

10. Syria TPS
TPS First Designation Date: March 29, 2012
Most Recent Re-Registration Period: March 19, 2021 – May 18, 2021
First Time Registration Period: March 19, 2021 – September 15, 2021
Current Expiration Date: September 30, 2022

11. Venezuela TPS
TPS First Designation Date: March 9, 2021
Most Recent Registration Period: March 9, 2021 – September 5, 2021
Current Expiration Date: September 9, 2022

12. Yemen TPS
TPS First Designation Date: September 3, 2015
Most Recent Registration Period: September 4, 2021 – March 3, 2023
Current Expiration Date: March 3, 2023

At present, only six nations retain open TPS protection and benefits.  The others, as noted in the Update, face potential termination on December 31, 2022.

A Brief Summary Of The Current
Legal And Political Battles Over TPS

The Termination Of Temporary Protected Status Programs Remain Uncertain 

After the Trump Administration announced plans to end certain TPS programs, a long series of court battles began.  Having lost a major Ninth Circuit decision in late 2020, TPS holders have been bracing for the worst.

However, on December 7, 2020, the Department of Homeland Security announced that Temporary Protected Status would be extended for the six countries facing termination.

The extension was set to end on October 4, 2021. The six countries are El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

To date, only Haiti has been granted full re-registration opportunities.  The other five nations remain in limbo.

The Biden Administration again extended the termination deadline for all six countries, but only until December 31, 2022.

Supreme Court Rules TPS Does Not Create Path To A Green Card

For several years, federal appellate courts in different districts reached contradictory decisions regarding whether TPS recipients may seek adjustment of status to legal residence.

On January 8, 2021, the Supreme Court agreed to hear an appeal from a Third Circuit Court of Appeals decision.

The court issued its ruling on June 7, 2021, a ruling which denied the eligibility of TPS beneficiaries to seek permanent residence on the basis they lack a lawful admission at the time of their initial entry.

The Biden Plan For Temporary Protected Status Recipients

The U.S. Citizenship Act was introduced by President Biden on January 20, 2021.  Under this program, TPS grantees would become eligible to apply for green cards. They would also be allowed to apply for citizenship after three years in permanent resident status.

The legislation is tied up in Congressional political battles.

Meanwhile, in early 2021, the Biden Administration announced TPS status for two new countries.  TPS for Venezuela was created, followed by TPS for Burma (Myanmar).

In addition, Deferred Enforcement Departure protections (similar to TPS) were granted to Hong Kong residents.

The Lingering Danger Of Termination

At present, the future of the Temporary Protected Status program faces extinction.  As a result of the Trump Administration’s efforts to end TPS, its life or death battle has been carried out in courtrooms across the United States.

Based on a Ninth Circuit Court of Appeals decision issued September 14, 2020, recipients from Honduras, Nepal, Haiti, El Salvador, Nicaragua and Sudan face termination.

In December 2020, The termination date was extended to October 4, 2021. In September 2021, this date was further extended to December 21, 2022.

It is not clear if, or how, the Biden Administration will assist Temporary Protected Status beneficiaries from these countries.

The designations of Venezuela and Burma to the TPS family confuses the situation.  Will their addition mean the others will be subtracted from the TPS equation?

Recipients should not minimize that TPS is merely a temporary program.  Whether the program survives this round, the program for any individual country can be terminated in the future.

TPS Granted To Venezuela And Burma (Myanmar): What Does This Portend For Older Programs?

On March 8, 2021, Venezuelans living in the United States were granted Temporary Protected Status for 18 months, up through September 9, 2022. Registration for TPS benefits began the next day, March 9, 2021 and will be open until September 5, 2021.

On March 15, 2021, Burmese living in the U.S. were also granted TPS for 18 months.  The Burma (Myanmar) registration period for Temporary Protected Status started May 25, 2021, up through November 22, 2021.

Applicants from both nations will need to pass security and background checks.

If they are successful, like beneficiaries from other countries, Venezuelans and Burmese residing in the United States will qualify for work permits and protection from deportation.

WHY WAS TEMPORARY PROTECTED STATUS GRANTED TO VENEZUELA?

According to the head of the Department of Homeland Security, Alejandro N. Mayorkas, Venezuela is facing a humanitarian crisis that is marked by:

  • Widespread hunger and malnutrition
  • Economic collapse and a crumbling infrastructure
  • Increasing threats from non-state armed groups
  • Limited access to health care amid the Coronavirus pandemic
  • Political repression and violent crackdowns on free speech.

An estimated 320,000 Venezuelan immigrants are eligible to apply.

WHY WAS TEMPORARY PROTECTED STATUS GRANTED TO BURMA?

Burma, also known as Myanmar, is likewise in the throes of a humanitarian and civil crisis.

Following a military takeover on February 1, 2021, the country’s elected leader, Aung San Suu Kyi, and other members of her party, have been imprisoned at an unknown location.

Peaceful protests led by teachers, lawyers, students, and government employees have been met with the indiscriminate use of lethal violence and physical intimidation.

Thousands of citizens have been forced to leave their homes.  Families and children are in critical need of food, medical supplies, and shelter.  Meanwhile, the military has cut off their access to life-saving assistance, disrupted flights carrying humanitarian and medical aid, and spurred an economic crisis.

It is estimated that 1,600 Burmese citizens will be eligible to apply.

For recipients under the older programs, there is uncertainty whether these newer designations are cause for fear or hope.

The Biden Administration has been quiet on this issue and, to date, there is no indication whether it plans to full reinstate the other five programs currently facing an October termination date.

TPS Does Not Lead To Permanent Residence For Undocumented Immigrants 

For undocumented immigrants, the Supreme Court held, being granted Temporary Protected Status does not constitute a lawful admission or create a direct road to permanent residency.

But through marriage and other family relationships, many immigrants can legalize their status while still under TPS protections.  Others might qualify for green cards under a variety of programs even if their status has expired.

What Happens If TPS Expires?

When your TPS designation ends, you return to the same immigration status you had before you registered for benefits (unless you were able to become a permanent resident).

This means you lose not only your right to work, but also your right to live legally in the U.S. You could be deported.

Yet, even after your status expires, there’s no need to simply give up.  There are various programs under which some recipients might gain permanent residency.

Fearing the Trump Administration, some TPS grantees have sought protection in Canada and left the U.S. in recent years.

Such an action, with the possibility of positive changes under the Biden Administration, such an action should be carefully examined before being actually embarked upon.

Recommended Reading:

The path to permanent residence for TPS beneficiaries is slim.  These articles address important insights about potential obstacles to winning a green card not covered in this post.

Temporary Protected Status In 2021: Nearing The End Or A New Beginning?

The end of the Temporary Protected Status is an issue that has all beneficiaries, past or present, a bit nervous.

Even those who are still receiving benefits.

After all, everything you have worked so hard for – the home you and your family live in, the car you drive to and from your job, the food on your family’s table at night, the clothes you, your spouse, and your kids wear – could be taken away, almost at a moment’s notice.

In its place, you could be sent back to your home country, a place you may not have seen for 20 years or longer, a place you left while still a child, a place which you barely remember, a place perhaps with no family members still alive.

The possibility of success is not guaranteed and various requirements – some known, some unknown at present – have the potential to trip you up.

  • Unless you fight back – unless you look into every possible option to stop the government from trying to deny you legal status and deport you.
  • Unless you’re careful not to take unnecessary risks and make avoidable mistakes.
  • Unless you develop a plan for permanent residence and carefully prepare the evidence you’ll need to prove your right to remain in this country.

Ready to take a serious and honest look at the strengths and weaknesses of your immigration case? Let’s get started with a personalized strategy and planning session . . .

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