January 20, 2020
Temporary Protected Status (TPS) & Adjustment of Status To Legal Permanent Resident (green card holder)
Temporary Protected Status has existed for foreign nationals from countries that have experienced a Major Natural Disaster or Civil War. The following countries have had TPS: El Salvador, Guinea, Haiti, Honduras, Liberia, Nepal, Nicaragua, Sierra Leon, Somalia, Sudan, South Sudan, Syria, & Yemen. With the Trump Administration threatening to end the TPS designation for many foreign nationals, many are asking what’s next?
TPS Has Been Considered A Legal Admission In the 9th & 6th Circuit Jurisdictions
TPS has been considered an admission in both the 9 th Circuit and 6 th Circuit jurisdictions. This geographical area covers–California, Oregon, Washington, Arizona, Alaska, Hawaii, Nevada, Idaho, Montana, Tennessee, Kentucky, Ohio, & Michigan. Several Federal Court Cases in these jurisdictions recognized TPS as an admission and USCIS has since also recognized it as an admission. Ramirez v Brown and Flores v. USCIS
Before Ramirez v. Brown and Flores v. USCIS, a foreign national needed to be inspected and admitted in order to change their status. Inspection and Admission typically happened through legal entry, advance parole, or parole in place based on a family member in the armed forces. Now TPS is considered a legal admission in these jurisdictions.
Family Applications For A Green Card
A United States Citizen 21 year old or older child may now apply for a green card (legal permanent residency) for their parent who holds TPS status in the 9th Circuit and 6th Circuit jurisdictions. A United States Citizen Spouse may also apply for a green card (legal permanent resident status) for their spouse in the United States. Parents may apply for a green card for their children under 21 years of age with TPS status. For others with TPS status, we would likely look at their time in the United States before receiving TPS status or their time in the United States after their TPS status has ended.
Successful Results & A Real Life Story
We have had successful results. The most complicated case our firm represented was a TPS holder who lost her TPS status due to a gun & assault conviction. She was married to a United States Citizen and had made some mistakes in her youth. The couple now had several United States Citizen children together. The Government wanted to deport her, however, we successfully argued that TPS was an admission under Ramirez v. Brown. We also argued that even though she lost TPS status, it was in fact an admission, so she was eligible to adjust status to legal permanent resident with a 212(h) waiver for her criminal convictions. She was granted her green card by an immigration judge. This case is proof that’s it’s important to have hope, to get the best help you can, and fight for your family and your legal permanent residency.
Please consider calling for a consultation if you have TPS status. We are here to help (503)224-0950.
Other options to consider may be consular processing with a provisional waiver, applying for a nonimmigrant visa, or checking to see if you are 245i eligible.