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Permanent Residency through Temporary Protected Status (TPS)

On Behalf of | Nov 11, 2016 | Immigration |

If you live in Tennessee, Kentucky, Ohio, or Michigan, and have Temporary Protected Status (TPS), you may be eligible to immediately file for permanent residency. You should explore this option now, as it is likely there will be significant changes to TPS under the Trump administration, including the cancellation of TPS for certain nationals.

What is TPS?

Homeland Security may designate a foreign country for TPS due to conditions in that country temporarily preventing those country’s nationals from returning safely. TPS may be granted to those already in the United States. Typically countries are designated due to an ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. Those who have received TPS cannot be detained by DHS on the basis of their immigration status.

Permanent Residency through TPS

The U.S. Court of Appeals for the Sixth Circuit decided the case of Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013), holding that those who have received TPS are considered to be “admitted” to the United States, even if that person first entered the country unlawfully. The impact of that decision is that TPS recipients who are married to U.S. citizens can immediately apply to adjust their status, from TPS to permanent resident.

TPS under Trump

DHS could be ordered by President-elect Trump to halt any further extensions of TPS status, or to remove current designations for TPS countries. If this happens, those with TPS would lose their current immigration status.

If you have TPS and are married to a U.S. Citizen

You should explore your options immediately for filing for permanent residency, since it is possible your TPS status could be revoked by the Trump administration. Don’t miss out on this opportunity.

If you have questions about TPS, Permanent Residency, DACA, or other Immigration issues, give us a call at our office to discuss your case.