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Posts Tagged ‘TPS’

New Developments in TPS and DACA

Posted on: January 18th, 2018

By: Kenneth S. Levine

This past week the Department of Homeland Security announced the termination of Temporary Protected Status for citizens of El Salvador.  DHS reports that there are approximately 200,000 El Salvadoran citizens living and working in the United States.  TPS designation for El Salvador will officially terminate on September 9, 2019.  USCIS has publicly stated that if TPS recipients are unable to obtain green cards or acquire a different legal status prior to that date, then they will be placed into deportation proceedings.

While the general public may perceive the USCIS advisory to “obtain a green card or seek a change of status to a different visa category” to be an easily attainable option, the reality is far different.  TPS recipients must still fully satisfy strict legal criteria to qualify for those options.  For the vast majority of TPS recipients, this will prove exceedingly difficult to achieve.

FMG Immigration Attorneys are currently engaged in assessing whether any of our TPS clientele from El Salvador qualify for permanent residency or a different visa category.  It is important to note that for those who do not qualify, legal options may be available in the context of deportation proceedings.  It is anticipated that this current administration will continue to terminate TPS designations for countries remaining in the TPS program.  Therefore, it is critically important that all TPS recipients promptly seek legal advice from experienced immigration counsel to assess their legal options.

DACA

Another significant development in the immigration field occurred on January 9th when U.S. District Judge William Alsup issued an injunction against the current administration from ending the Deferred Action for Childhood Arrivals (DACA) program.   This program was scheduled to end on March 5th.  For now, DHS must accept DACA renewal applications.  It is anticipated that the court’s injunction will be promptly appealed and therefore it is entirely uncertain how long the injunction will remain in place.  For now, FMG Immigration Attorneys strongly recommend that all DACA recipients who otherwise would be eligible to renew their status do so as soon as possible.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Kenneth S. Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected].

 

Update on Temporary Protected Status (TPS) For Citizens of Nicaragua, Honduras, & El Salvador

Posted on: November 9th, 2017

By Kenneth S. Levine

On 11/6/2017 the Department of Homeland Security (DHS) issued an announcement on the Temporary Protected Status (TPS) program for citizens of Nicaragua and Honduras. Currently, there are approximately 60,000 Nicaraguans and Hondurans who reside and work in the U.S. under the TPS designation.

DHS announced that the TPS program for Nicaragua has been extended to 1/5/2019, at which time the TPS designation will be terminated. USCIS has advised Nicaraguans on TPS that between now and 1/5/2019 they must either seek a change of status to another visa category, or prepare to depart the United States.

TPS for Honduras has been extended for 6 months.  However, according to DHS’s announcement, “it is possible that the TPS designation for Honduras will be terminated at the end of the six-month automatic extension with an appropriate delay.”  As of today, TPS for Hondurans has been extended to July 5, 2018. DHS’s final decision regarding any additional extensions of Honduran TPS is expected by early 2018 once a new Secretary of Homeland Security has been confirmed by the Senate.

A decision by DHS on whether to extend or terminate the TPS program for citizens of El Salvador is expected by January 8, 2018.

While the general public may perceive the USCIS advisory to “seek a change of status to a different visa category” to be an easily attainable option, the reality is that TPS recipients must still satisfy the strict legal criteria for any requested visa type. For the vast majority of TPS recipients, that will prove difficult to achieve. Therefore, in assessing whether a TPS recipient qualifies for a different visa category, the analysis should necessarily include whether any options exist to pursue permanent residency.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Kenneth S. Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected].