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Temporary Protected Status (TPS)

There are recent good and bad news surrounding TPS. The good news is that TPS is approved for Venezuelans residing in the United States before March 21, 2021; to Haitians before May 21, 2021; and nationals from Burma before May 25, 2021, and Syria before March 19, 2021. It is very important that these people apply before the 6 months of initial assignment is completed. The bad news regarding TPS is that the Supreme Court has indicated that receiving TPS is not considered an admission to apply for adjustment of status. It is important to understand that in order for a person to apply for status adjustment, he/she must show that he/she has been admitted or paroled in the United States (with the exception of persons who qualify under Law 245(i)). The Appeals Court were divided on whether persons who have received TPS may apply for adjustment of status despite having unlawfully entered the United States initially. However, the Supreme Court said TPS is not considered an admission, and this closed the door to thousands with TPS to adjust their status.

To recap, registration periods are still open for the following countries:

  1. Haiti: dates pending Federal Register Notice
  2. Burma: May 25, 2021 – Nov. 22, 2021
  3. Venezuela: March 9, 2021 – Sept. 5, 2021
  4. Syria: March 19, 2021 – Sept. 15, 2021 (first time applicants)

We encourage all TPS qualifying nationals to take advantage of this benefit, see their immigration attorney and apply promptly for TPS.

For help filing your TPS, please call us at 954-306-6921 or via our website at https://www.carlosesandoval.com/contact-us/

Carlos Sandoval

Carlos Enrique Sandoval, Attorney, member of the FL Bar, AILA and licensed to practice law by the Supreme Court and the Federal Court for the Southern District of Florida.

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