The Trump Administration Ends Protection for El Salvador known as TPS
On January 8, 2018, the Government announced its decision to terminate Temporary Protected Status (TPS) for nearly 200,000 nationals of El Salvador.
The effective date of the termination of TPS for El Salvador will be delayed by 18 months. This means that TPS holders will be allowed to re-register one last time, with an expiration date of September 9, 2019. It is of the utmost importance that individuals with TPS have their immigration case reviewed and seek lawful immigration status in the United States as soon as possible.
Individuals with TPS will be required to re-register for TPS and apply for employment authorization documents in order to continue working legally in the United States until the termination of TPS becomes effective on September 9, 2019. At this time, individuals should not submit any re-registration forms or payment to the government until the re-registration period is officially announced through the Federal Register notice. Please stay tuned, we will send information as soon as it becomes available.
Who is eligible for a green card?
A TPS holder who is seeking to become a lawful permanent resident, also known as the “green card” process, must meet certain other requirements and have a basis to adjust. Those who have immediate family members who are lawful permanent residents of U.S. citizens or those who have an employer willing to sponsor them may be eligible to apply for the green card.
Yet not all individuals with TPS are eligible to apply for a green card. Individuals with the following history may have to take additional steps before being able to adjust their status to a Permanent Resident:
- Individuals with a deportation order
- Individuals with a deportation case that is pending but that is administratively closed
- Individuals with certain criminal convictions
- Individuals with unlawful presence
- Individuals who last entered the U.S. without inspection
Please remember, each case is different. Factors such as how old the individual was when he/she came to the United States, when he/she applied for and was granted TPS, whether the individual was detained by immigration officials at the time of entry, etc., will determine if the person can obtain the green card. We encourage individuals with TPS to consult with an immigration attorney with experience in immigration matters to review the options available to them.
For more information and to see what options are available to you please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com.