USCIS Updates Policy Guidance Regarding Temporary Protected Status and Eligibility for Adjustment of Status

Recently, the Trump administration announced the reversal of the Temporary Protected Status or TPS. which has allowed over 200,000 people from El Salvador to live and lawfully work in the United States since 2001.  Originally, the TPS was granted following two destructive earthquakes that struck the nation of El Salvador.  The decision to not extend the TPS comes just weeks after the new administration similarly lifted the protected status of Haitians that was granted after the 2010 earthquake. Now, Salvadorans in the United States, many of whom have lived here the majority of their lives, are scrambling to determine what to do next.

Temporary Protected Status Explained

Temporary Protected Status Explained

Temporary Protected Status can be issued by the Secretary of Homeland Security to protect individuals in countries where conditions have prevented their nationals from returning safely.  TPS may be granted to eligible individuals who are already in the United States.  These individuals will be allowed to legally remain and work in the United States during the eligible TPS period.  However, it does not lead to lawful permanent resident status.

Salvadorans Told to Leave

With revocation of the Temporary Protected Status, El Salvadorans have been given until September of 2019 to leave the United States.  Those who remain after that time will be here illegally and could face deportation.  Salvadorans that remain may also lose the ability to work and receive vital benefits like medical insurance.

Many Salvadorans who have lived in the U.S. for the past 17 years have children that were born here.  These so-called “anchor babies” complicate a return to El Salvador even further.  While children born here have American citizenship, many parents will now have no right to stay in the country with their children.  El Salvador has recovered greatly from the earthquakes of 2001, but many immigrants feel they have nothing to go back to in the nation they left so long ago.  El Salvadorans should contact an immigration attorney now to protect themselves and their families from the coming expiration of the TPS.

If you should have any questions or need more information about the ways in which U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107).  You can also visit our Law Firm’s website at www.visaserve.com.