Is TPS being cancelled?

The cancellation of the TPS (Temporary Protected Status), which provides protection against possible immigration deportations, was effective on September 9, 2019, although it was automatically extended until January 2, 2020.

Immigrants who have legal residence under the Special Immigration Program of the Temporary Protected Status (TPS) remain uncertain about the consequences if the TPS get cancelled; this was announced in 2018 as a decision of the Donald Trump administration under an executive order. This decision affects countries such as Haiti, Nicaragua, El Salvador and Honduras, forcing immigrants to choose between seeking other ways to legalize their status, live without documentation or return to their countries.

The TPS program benefits other countries in addition to those mentioned above, and has protected a large number of immigrants from deportation. They even had the opportunity to obtain their work permits and remain legally in the US.

What has been done regarding the cancellation of TPS?

The cancellation of the TPS was considered unconstitutional, therefore, many immigrants from some countries covered by these benefits filed a lawsuit in August 2019, known as the “Ramos vs. Nielsen lawsuit”against Trump’s Administration.

Appeals of immigrants covered by TPS against the new reform have been abundant and in recent days the Immigration Appeals Court determined that some TPS beneficiaries may choose to obtain permanent legal residence in the US in other ways , such as family member’s requests or evidence of marriage to a US citizen.

What should be done?

For now, the best solution is to find out what options you have, other than TPS, to become a legal resident of the US. Do not wait to renew your TPS every 18 months or every two years, thinking that nothing will happen, with the rhythm of the current government, nothing is granted. If you have resident parents, citizen parents or children over 21, they could apply for your residence. Or you may be eligible to apply for the U-Visa.

If you want to see the official updates in USCIS for the different countries benefiting from TPS, go to this page: TPS Temporary Protection Status.

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 Consultation with one of our expert immigration attorneys. Alternatively, simply call Motion Law today at: (202) 918-1799