By: Charles H. Kuck, Managing Partner, Kuck Baxter Immigration.
Now that we know TPS is ending for Hondurans and El Salvadorans, it is essential that correct information about options be available. Be very careful before choosing your path forward, and make sure you are talking to experienced immigration lawyers who understand both TPS and all of immigration law.
1. It is essential that TPS holders obtain a “legal” entry into the United States. Under TPS, a person is eligible for a travel document called an “advance parole.” USCIS currently seems to be asking people to produce evidence of an emergency reason to travel (sick or dying close relatives, or urgent business outside the US). But USCIS has granted advance parole to TPS holders for years for any reason. USCIS appears to have changed their policy because a legal entry allows TPS holders to “adjust status” to lawful residence, under certain circumstances. Apply for a travel document today, AND travel outside the US. Do NOT fear denial of reentry. So long as you have a valid TPS and have no criminal charges pending, you will be admitted.
2. TPS holders with a legal entry can “adjust status” in the United States through an “immediate relative,” a U.S. spouse or child (who is 21 or older). Many TPS holders have children within 4-5 years of 21, if not much closer or at that age. These TPS holders, even once TPS expires, will be able to obtain permanent residence in the United States through their children, so long as they have a legal entry, such as the one through advance parole. TPS holders who are married to US Citizens can also adjust status, if they have that legal entry. This is true anywhere in the United States.
3. TPS holders can also process for permanent residence through their employers, by a process called labor certification. That process takes at least a year, however, so plan accordingly. There are also issues of doing this in Georgia that you need to understand prior to undertaking the process, and it certainly requires that you have entered the US legally or traveled on an advance parole. In certain states, there is no need to travel beforehand and adjusting status is not a problem, in other states, doing so may be an issue, so you may need to move to another state to finish this “green card” process. Talk to an immigration lawyer who does “labor certifications” regularly, not someone who started doing it recently because they thought they could make money! This is a complicated process and processing times are long. You must complete the labor certification process before your TPS expires, so if you are planning on doing this, you need to do it now.
4. It is substantially unlikely that USCIS will put all TPS holders into deportation proceedings when TPS ends, as the immigration court system is simply incapable, right now, of handling that number of new cases. Most TPS holders, who do NOT already have a deportation order, have children born in the United States. Most TPS holders will, if they are put into deportation proceedings, be eligible to apply for “cancellation of removal” or as some people call it “the 10 year law.” The approval rate for these cases is low, but the processing times currently stretch into the years, and you will be able to get a work permit while the case is pending. This option ONLY applies if you are in deportation proceedings, something you do not necessarily want. Also, since your children are born in the U.S., if your case takes long enough, they will reach 21, and you will be able to get permanent residence, if you entered legally, or returned under and advance parole, even if you no longer have TPS.
5. If you already have an order of deportation, a new Supreme Court case, called Pereira, may help you in reopening your case. If you were not served with a “Notice to Appear” with a date for a hearing, there is an argument that the Notice was defective, and thus deprives the court of jurisdiction, and your case would then need to be reopened. This is a brand new decision, and that means the arguments have not yet been tested, however, in some locations around the United States, case have been reopened and some terminated on this basis. It is important to obtain a copy of your immigration file and meet with an experienced immigration attorney to determine if this new case can help you undo your deportation order, and provide you either a termination, or possibly an another avenue for relief under any of the other options above.
The most important thing to remember is to NOT trust your future to an unqualified immigration lawyer. There a lot of “new” lawyers out there willing to take your money, but who do not have the experience or the support to assist you properly. Do your homework, use the internet, and find an experienced immigration lawyer who can explain to you what can be done to assist you, or can honestly tell you that you have no options, so that you can make the appropriate plans.
How about the Syrian people has a TBS , did they need a labor certification ?
They can do the same thing.
What about TPS holder with no children’s or married with an US Citizens still can a green card if have legal entry!
Through employment is an option.
A very close person of mine has tps (Nicaragua) which is said that expires Jan5,2019. He has filed for his green card by his mom who is a residents but he filed it about a year and half ago. Yet he hasn’t recieved anything from immigration, what can he do?
How old is this person?
Can you travel with your passport with maiden name and you parole under marriage name .I need help with that
If you have TPS and a 21 year old US born Citizen and do NOT live in in the 9th and 6th Circuit courts, can you move or is it legal move to one of those states and apply for adjustment of status without leaving the country?
As long as you have a legal entry, even under advance parole, you can adjust status to lawful permanent residence in any state, through a US citizen spouse or child over 21.
Does the TPS holder have to keep paying global tax if he left the US to live in another country?What about the year he lived in for just three month?
This is a terrific question, but not for an immigration lawyer! Consult an accountant or tax lawyer for tax questions.
TPS for Honduras is going to end on June 24, 2019 but however there is a news that it is automatically extending until the judge make decision to end it since some people filed case not to end tps.
I havenot applied for travel document yet. what happens if i got my travel document after June 24, 2019 but still tps automatically extending after that date. will i be eligible to re enter ?
You need to apply NOW for your travel documents! Get this filed and you will be fine to reenter until January 2020!
I am from Nepal with TPS. It will expires in June 24, 2019 but court has blocked it until further notice. Can I apply for the travel document and travel to Nepal and successfully reenter.
Yes, you can.
If you have a deportation order as kid but you lived in the United Sates 20+ Years No Criminal Background and your status is TpS should you still attempt to file for travel documents and will you be granted Reentry?
yes you should, and you will be fine. DO it to get that legal entry.
Hi my name is Monique, how are you? I have TPS for the country of Haiti and it’s extended til Jan 2020, I applied for my traveling documents and I just received them, also with the expired date of Jan 2020, can I still travel even if my work permit card has an expired date for 7/22/19 on it or will I have an issue traveling because of my work permit?! Thanks for your help in advance Sir!
You can travel.
Hello this is Monique thank you so much I’ll be traveling tomorrow for missionary work back in my country, I really appreciate your help Sir, do have a bless day
Hi Charles Kuck,
I have similar question as Sam but for Nepal. If I file for Advance parole for travel to Nepal now, is it ok. For Nepal TPS is supposed to end in June 24, 2019. Can I file the advance parole for the travel period of Aug-Sep of 2019?
Yes, because TPS has been extended for Nepal under a court order.
Thank you for answering so many questions. I have TPS for Nepal which is scheduled to end June 24th. However there are case pending and TPS end will not go into effect until court decision is made. I did apply for Travel Document and traveled to Nepal on December. I originally entered US as F1 student and I’m still attending Graduate school with valid I-20. I have two questions, my I 20 expires in 28 days and I have already extended it for one year in 2018. I will need one more semester to complete my thesis. Will I be able to enroll in school with the TPS if court does not decide to end it before classes begin in August? Also, my current employer is willing to do labor certification for me but We haven’t started that because of TPS potentially ending before labor certification is complete, what would you suggest, would you be able to help?
Yes, your an enroll in school under teh TPS. You need to start the Labor cert asap!
I did not re register for tps last year . Can I re registered now that they extended the TPS
YOU can register late.
Do you represent clients who reside outside of Georgia?
Yes, all over the US.
Hello, I came on a F1 visa in 2009, became out of status in 2010 and currently a TPS holder from Nepal. I am planning to apply for advance parole and travel to Nepal with my US born 1 year old son. My only concern is will we be able to re-enter the U.S successfully before TPS ends?
My name is Victal, I’ve been in this Country for 25 years and I am a Tps holder from Haïti which going to expire on July 22nd, 2019. I applied for a travel document 2 years ago but I didn’t travel, what should I do now since I have a 12 year old is citizen son?
Get another travel document and travel!
Hey. I have tps and my dad applied for I 130 so I can get the green card from him. He will be citizen next year. I am 29. Is there an alternative way to get the green card faster than waiting for I-130 . Thx
you can fall in love and get married.
My husband is LPR and I have TPS El Salvador and entered with advance parole this year. My question is if I can adjust my status now that the visa bulletin is current for F2A. I also have a child who will turn 21 next year after TPS expired in Jan 2020. Thx.
Depending on where you live, you can file the adjustment now while he is an LPR
I el salvador tps holder that expired 9/919
but I see the news on the uscis website that is an injunction that automatically extended to 1/2/2020 is that correct
My mom is a TPS holder from El Salvador. she has been presentint her self to immigration for the past 20 years. She recently got the advance parole, went to El Salvador and came back in to the U.S. legally. I am a citzen and will be turning 21 in January, Do yout think will have any problems trying to fix her papers? Also where can I look for more information on the process of doing all of that?
She will have no problem in getting her green card. If you would like our assistance, please call 404-816-8611 for an appt.
I am from Yemen. I am graduating from an MA degree this August. I recently applied for TPS+EAD under late initial filing and my case has been accepted and waiting to hear back. Would you recommend also applying for OPT? Also, Is it possible to adjust status while on TPS? I am asking because my mom is a US LPR and I am an unmarried daughter. Lastly, will I be able to travel and re-enter the US while on TPS and possibly have a pending I-130?
You should DEFINITELY apply for OPT.
Hi. My mom is a LPR. Can I adjust my status through her? I am in TPS status and married.
Yes you can!
Hey, quick question. My daughter is turning 21 soon and I was wondering if I could get my residency through her if I have the TPS? Would there be any complications?
You can, if you have traveled and reentered on Advance Parole, or you live in one a few states that allow it without travel. Call 404-816-8611 for a free consultation
A person with TPS living with a US Citizen for 25 years get married. Do that person need to renew the TPS when an adjustment of status is in process or pending?
Does this person have a legal entry based upon a visa or advance parole?