Tag: temporary protected status

Temporary Protected Status Approval for Healthcare Worker

Temporary Protected Status Approval

Last year the Secretary of Homeland Security designated Haiti for Temporary Protected Status.  Our client, a Haiti national, hired us to apply for TPS, an employment authorization document and a temporary travel permit.  After waiting for over a year, his applications were approved! With his approved work permit he is able to continue his medical training and to work in a field that is always in demand but constantly understaffed.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of couples traverse the complicated immigration and citizenship process. We would love to help you as well.  Call 617-714-4375 or email hello@cambridgeimmigrationlaw.com to get in touch.

Supreme Court Rules Against Immigrants Once Again

TSupreme Court Rules Against Immigrants Once Againhis Monday, the Supreme Court ruled unanimously against the thousands of immigrants living in the United States for humanitarian reasons, ruling them ineligible for permanent residency if they entered the country unlawfully. Justice Elena Kagan wrote the opinion, declaring that permanent residency and TPS designation are separate immigration tracks that can only merge if the TPS recipient entered the United States legally. 

The case, Sanchez v. Mayorkas, was brought before the court by Jose Sanchez and Sonia Gonzalez. The two El Salvadorian natives entered the United States unlawfully in the late 1990s, but were granted Temporary Protected Status after earthquakes devastated their home country in 2001. This designation protects individuals from deportation to countries affected by armed conflicts and natural disasters. The married couple then applied for green cards in 2014. This application was rejected, and the pair sued. The United States Court of Appeals for the Third Circuit ruled against them, referring to the permanent residency eligibility requirement that applicants be “inspected and admitted” into the United States. According to Judge Thomas M Hardiman, the Temporary Protected Status designation “does not constitute an admission.” The Supreme Court upheld this decision. 

Despite this judicial setback, the House of Representatives have already passed legislation that would make it possible for TPS recipients to become permanent residents. Its future in the Senate is uncertain, but the move is supported by President Biden and his administration. If passed, it would allow thousands of immigrants who have made this country their home to continue living and thriving within the United States. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of couples traverse the complicated immigration and citizenship process. We would love to help you as well.  Call 617-676-0503 or email hello@cambridgeimmigrationlaw.com to get in touch.

House of Representatives Delays Vote On U.S. Citizenship Act

 

The House of Representatives has delayed the vote on Biden’s U.S. Citizenship Act until April. The vote was originally scheduled for March, but House Speaker Nancy Pelosi expressed concern about the shortage of necessary votes. Arizona Representative Tom O’Halleran said the bill was “just not quite ready yet” and House Judiciary Chair Jerry Nadler mentioned the need to “engage in some consultations with key members and stakeholders.”

While the vote on Biden’s main comprehensive immigration bill has been postponed, two more narrow immigration bills will still be facing the House this March. Both are standalone bills, reintroduced this past Wednesday after previously passing in the House chamber in 2019.  One is the American Dream and Promise Act. This would provide DACA recipients, those under Temporary Protected Status, and individuals with Deferred Enforced Departure protection from deportation. It would also grant them an opportunity to obtain permanent legal status in the United States. The other bill, the Farm Workforce Modernization Act, would create a pathway to citizenship for undocumented agricultural workers while also reforming the current H-2A temporary agricultural work visa program. The two bills will easily pass the House, and many political observers are optimistic about the bipartisan support it has received. The U.S. Citizenship Act of 2021, on the other hand, faces a more uncertain future. Hopefully, it will garner more support in the next month. 

 

Read Our Previous Coverage of the US Citizenship Act Here: https://ellensullivanlaw.com/president-biden-sends-progressive-immigration-bill-to-congress/ 

 

TPS Extensions

As the result of various lawsuits against the federal government, Temporary Protected Status (TPS) for citizens of various countries have been extended. See https://www.uscis.gov/humanitarian/temporary-protected-status for a complete list of TPS designations.

Please contact me if you have questions about your current TPS status or your eligibility.

 

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USCIS Extends and Re-designates South Sudan for Temporary Protected Status

The Department of Homeland Security (DHS) announced the extension of Temporary Protected Status (TPS) for both (1) Sudan and (2) South Sudan for 18 months, from May 3, 2016 through November 2, 2017. Re-registration is REQUIRED during the the re-registration period from January 25, 2016 through March 25, 2016.

The ongoing armed conflict and extraordinary and temporary conditions that prompted the 2014 TPS re-designation have persisted, and in some cases deteriorated, and are still posing a serious threat to the personal safety of South Sudanese nationals if they were required to return to their country.

For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the USCIS TPS Web page at http://www.uscis.gov/tps

Temporary Protected Status Designation for Yemen

Today, the Department of Homeland Security announced a Temporary Protected Status (TPS) for Yemen for 18 months due to the ongoing armed conflict in the country.

Eligible nationals of Yemen residing in the United States may apply for TPS with the USCIS effective September 3, 2015 through March 3, 2017.

For further information about the eligibility requirements please visit www.uscis.gov/tps

Very Helpful Practice Advisory on Inspection, Entry and Admission

In this recently issued practice update below, the American Immigration Council summarizes a case where an individual who entered without inspection, clarifies the meaning of admission in different circumstances and discusses possible immigration consequences.
For more information about this practice advisory please visit the American Immigration Council website.

March 24, 2015

Washington, D.C. – The American Immigration Council is pleased to release an updated version of its practice advisory Inspection, Entry and Admission. This Practice Advisory has been updated to include a summary of arguments to be made on behalf of an individual who entered without inspection, subsequently was granted Temporary Protected Status, and now seeks to adjust his or her status. The basis for this argument—and for the court decisions which have adopted it—is that a grant of TPS satisfies the requirement in the adjustment statute that the applicant has been “admitted” to the U.S.

The advisory also discusses of the meaning of “admission” in three frequently encountered situations: when an individual is “waved through” a port of entry with no questions asked; when an individual gains entry through a misrepresentation; and when an individual gains entry by making a false claim to U.S. citizenship. With respect to each, the advisory addresses whether an admission has occurred; what the noncitizen’s status is upon entry; what possible immigration consequences there are to such an entry; and what impact this type of entry may have on a DACA application.

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Marriage-Based Green Card Document Guide

We work hard to make your immigration case easy for you. Use this easy guide to help you organize the documents that you would use if you are eligible to submit an application for a marriage-based green card application. You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.