TPS – Brief explanation

It is well known that the US Citizenship and Immigration Service (USCIS) offers multiple alternatives for foreigners to travel and reside in the country, holding a legal permit.

One of the immigration programs offered by the US is the Temporary Protected Status (TPS). This benefit offers protection against deportation to immigrants from certain countries that are going through armed conflicts, natural disasters, health crisis due to epidemics and other similar scenarios.

Currently, the USCIS offers TPS to 10 countries. Foreigners from these nations can apply for TPS when they are already in the US and must present the required documentation to prove that their countries are experiencing precarious situations that could put their lives at risk.

It is important to clarify that there are more than 320,000 people covered by TPS and a large number of them applied for this legal permit when they already had a deportation order. Therefore, they are protected until the TPS expires.

Do you need to request your legal documentation in the US? Contact the Motion Law Immigration team of experts.

What happens if TPS holders leave the US?

In one of our most recent articles, we talk about a Policy Memorandum released by the USCIS, which states that TPS holders can obtain a travel permit from the Department of Homeland Security (DHS) and that will not affect their immigration status.

The official statement explains that, if immigrants obtain a travel document, they can leave the US and return without losing the TPS protection.

In addition to that, the Memorandum also tremendously affects one of the possibilities that TPS holders had to obtain legal permanent residence or even citizenship.

Previously, TPS holders who had an official deportation order could request a travel permit, leave the US, and upon reentering, the deportation process would most likely be canceled.

Therefore, by not having a deportation order, they could apply for an adjustment of immigration status and obtain lawful permanent residence or Green Card. This was a path used by thousands of immigrants protected by TPS.

However, the USCIS Memorandum explains that this option will no longer be available for immigrants to apply for adjustment of status. It means that they can still apply for a travel permit and leave the US without affecting their immigration status, but when they re-enter, they will have the same conditions, including pending deportation proceedings.

Do you need help with a Deportation Case? It is imperative for you to follow the advice of experts, contact Motion Law Immigration as soon as possible.

Double-edged sword

The USCIS Memorandum explains two policies that can be both beneficial and detrimental to TPS holders:

1. On the one hand, immigrants protected by TPS can still leave the US with a travel permit.
   This is positive news for them since the Trump administration wanted to remove this benefit and prevent them from leaving the country and returning.
2. On the other hand, if immigrants have a deportation process that is currently paused because they are covered by TPS, it will not be removed if they leave the US with a travel permit issued by DHS.

Therefore, immigrants who have a deportation process and are protected by TPS must find a different way to apply for an adjustment of immigration status.

The best alternative is to follow experts’ guide

As we can witness, alternatives for TPS holders and other multiple legal permits have changed substantially in recent months, mainly since the arrival of the global Coronavirus pandemic in the North American territory.

Therefore, the best alternative is for you to have the constant accompaniment of specialists, who are up to date with current immigration policies and know in depth the processes available for your immigration case.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.