TPS May Be Ending, What Can You Do?
By Liliana Gallelli, Esq. and Christopher
Kerosky, Esq.
A Court
ruled this week that the Trump Administration’s cancellation of, Temporary
Protected Status (TPS) was valid. This
means that TPS may be ending for over 200,000 citizens of El Salvador living
here. This post outlines the options for
them to stay in the U.S. under existing laws.
These suggestions also apply equally to Hondurans, Nicaraguans and
others who are losing their TPS status here.
When does TPS really end for Salvadorans?
TPS for
El Salvadorians will expire in November 2021. For other immigrants with TPS, the ending date
is January 2021.
Will I have enough time to obtain another
legal status?
If you
start your process now, this is enough time to obtain a work permit or Legal Permanent
Resident Status (Green Card) for most people qualifying for other types of
status.
What are the possibilities for staying here?
1. Apply for Legal Permanent Residency (Green
Card Status) through spouse or adult child
If you
have an immediate family member (spouse or child over 21 years of age) who is
US Citizen, you may be able to apply for Legal Permanent Residency (Green Card
Status). Most people with TPS who live in California do not even need a
waiver (pardon) thanks to a new court ruling from last year. It is important to apply for this before TPS ends.
2. Apply for Legal Permanent Residency
(Green Card Status) through work
This
option may be available for certain individuals depending on when they arrived
in the US and if they have an employer willing to submit a petition on their behalf.
3. Parole in Place
If you
have a family member who is in the US Armed Forces or Reserves, or served in
the past, you may be eligible to apply for Parole in Place. Parole in Place gives you the right to apply
for a work permit and can also help you apply for Legal Permanent Residency
(Green Card) in the future.
4. U Visa
If you,
your spouse or your minor child have ever been the victim of a crime here in
the US and you reported it to the police, you may be able to apply for a U
Visa. With a U Visa, you can apply for a work permit and eventually Legal
Permanent Residency.
5. Asylum
If you
have a well-founded fear of persecution of returning to El Salvador, you may be
eligible for asylum. This option often
provides work permission within 6 months of filing. It also offers a path to permanent residence
if the application is approved.
Be Proactive.
Because any new
procedure will take time before you can obtain status or even a work permit,
it’s important to determine what options are possible given the facts of your
case. Each case is different and time is
of the essence.
Make sure to renew TPS
for the final renewal. TPS status can
help you obtain other legal status, particularly in California (and a handful
of other states), and it protects you temporarily from deportation. Maintaining your legal status is extremely
important in the Trump era, when the Department of Homeland Security currently
has a policy of exempting no one from deportation, if they are here without
status.
This was written by Christopher Kerosky
and Liliana Gallelli, both immigration attorneys licensed in California.
WARNING: The foregoing is an article
discussing legal issues. It is not intended to be a substitute for legal
advice. We recommend that you get competent legal advice specific to your case.
