Temporary Protected Status (TPS) Termination & Alternative Forms of Relief


By: Angelita Chavez-Halaka

On January 8, 2018, the Secretary of Homeland Security Kirstjen M. Nielsen announced the U.S. government’s decision to terminate the TPS designation for El Salvador. It is estimated that approximately 200,000 Salvadorians who are currently on TPS status in the U.S. could be will be impacted alone.

What is TPS?

TPS is a temporary form of relief for individuals from certain countries designated by the Department of Homeland Security (DHS) during times of extraordinary and temporary conditions such as armed conflict or environmental disasters.

Congress gives the Attorney General (AG) the authority to provide TPS to individuals from these designated countries for 6 to 18 months. TPS provides employment authorization and temporary lawful presence for the TPS holder. TPS can be extended by DHS, and it has, for a number of different countries since 1990.  Due to these extensions, many TPS holders have resided in the United States for over 15 years.

This decision follows recent decisions by DHS to end TPS for other designated countries. Previously in November 2017, DHS had announced its decision to terminate TPS for Haiti and Nicaragua

What happens Next?

Termination of the TPS program for Salvadorians will be delayed for 18 months before it becomes final on Sept. 9, 2019.

 What are the alternatives forms of relief available to those with expiring TPS?

Barring congressional action, individuals with TPS may still be eligible for alternative forms of immigration relief.

Possible Adjustment of Status
  • At least two federal court circuits (Ninth and Third) have reviewed cases and held that in certain scenarios, Adjustment of Status is possible for TPS holders. Individuals with TPS living in these circuits may be able to adjust their status to obtain legal permanent residence if they have a visa immediately available, such as a US citizen parent or spouse and do not have any other inadmissibility issues.
Cancellation of Removal
  • Individuals with TPS facing removal proceedings may be eligible to see Cancellation of Removal, which would grant legal permanent residence if they meet certain eligibility criteria such as continuous presence and hardship to their immediate United States citizen relatives. An analysis should be done on the applicant’s length of time in the U.S. since time on TPS status does not count as physical presence.
Violence Against Women Act (VAWA)
  • U-Visa Victim of crimes (statutorily defined)
  • T-Visa – Victims of Trafficking
  • VAWA Cancellation of Removal
  • Battered spouses of United States citizens or legal permanent residents
Asylum & Withholding of Removal  
  • Must show persecution of account of either race, religion, particular social group, or political opinion

 We encourage individuals to always seek the opinion of a legal professional before they apply for any of these, or other alternative forms of immigration relief.

 Feel free to contact us for more information at info.old.chugh.com. We also encourage you to subscribe to our newsletter at www.old.chugh.com, and to share this and other alerts with others who might benefit from its content.

Resources

Latest Posts

Categories

  • Corporate Law
  • Tax
  • Immigration
  • Litigation
  • Family Law
  • Class Action
  • Corporate Formation And Formalities
  • Mergers And Acquisition
  • Joint Ventures
  • Employment Law
  • Real Estate
  • Intellectual Property
  • Doing Business In India
  • Entertainment
  • Estate Planning
  • Premarital, Marital And Cohabitation Agreements
  • Divorce And Legal Separation
  • Spousal Support / Alimony
  • Child Custody, Visitation And Parenting Time
  • Child Support
  • Government Contract
  • Corporate Immigration
  • Employment Based Permanent Residence (green Card)
  • H-1b Visas For Temporary Workers
  • Intracompany Transferee Visa (l-1a/l1b)
  • Tn Visas
  • Labor Certification And National Interest Waiver
  • I-9 Compliance
  • O-1 Visa (individuals Of Extraordinary Ability)
  • H-2 Visas
  • B-1 Visa
  • Family-based Immigration
  • Permanent Residence
  • K Visas
  • International Adoption
  • Us Citizenship & Naturalization
  • Investors
  • Eb-5 Green Card
  • Treaty Trader Visa E-1
  • Treaty Investor Visa E-2
  • Students And Work Authorization
  • F-1 Student Visa
  • M-visas
  • Removal Defense
  • Victims Of Crime
  • Vawa
  • U Visas
  • T Visas
  • Other Immigration Categories
  • International
  • Landlord & Tenant
  • Personal Injury
  • Tax Law
  • Overseas Education Consultancy
  • Universal

© 2024 Chugh LLP Affiliate Network. All Rights Reserved