The US reopens the path to residence for some TPS beneficiaries

Thanks to a recent regulatory change, thousands of Temporary Protected Status (TPS) beneficiaries are expected to access an old path to adjust their immigration status and thus be able to obtain permanent residence in the United States.

Earlier this month, US Citizenship and Immigration Services (USCIS) issued a memorandum restoring a process that had been available for years and was suspended during the Trump Administration.

That process would allow immigrants who entered the US without legal permission, but who now have TPS, to travel outside the country and upon their return be inspected, processed and admitted at any port of entry.

If they are married to a US citizen or have a US citizen child over the age of 21, they could potentially apply for a green card through their relatives.

The inspection is a requirement of the immigration laws to adjust the status of non-citizens. Those who entered the country illegally but have a TPS are not considered inspected and therefore will not be admitted.

What is TPS?

Congress established TPS in 1990 when it said migrants from countries deemed unsafe could live and work in the US for a period of time if they met requirements set by the government.

Currently, 15 countries are in that designation: Afghanistan, Cameroon, El Salvador, Haiti, Honduras, Myanmar. Nepal, Nicaragua, Somalia, South Sudan, Syria, Ukraine, Venezuela and Yemen. However, TPS does not lead to permanent residence in the US.

Who will be included?

Aaron Reichlin-Melnick, director of policy for the American Immigration Council, explained to the voice of america that this measure would include people married to US citizens or who are parents of US citizens over 21 years of age.

“That is the most common way that people who are undocumented can adjust their status and obtain a green card,” he explained.

Is this travel policy new?

No. It was used for decades until it was suspended by the Board of Immigration Appeals (BIA) in a decision in an immigration case called the ZRZC Question.

In its memorandum, the USCIS leadership said that it no longer views as its policy the BIA ruling, which created a restrictive interpretation for the inspection and admission of TPS beneficiaries, also known as Tepesians.

“He said that despite the fact that one applied for travel authorization, despite the fact that it was granted, despite the fact that when returning to the US one presented the document, which said ‘permission’ to an immigration agent, it was not technically inspected. and formally admitted to the United States,” he explains to the VOA Michael Turanscik, an immigration attorney with the American Immigration Lawyers Association.

It adds that “the BIA created a legal fiction when you returned to the US in the status you had before obtaining TPS.”

Turansick says USCIS has reverted to “common sense,” the “simple” definition of inspection and admission under current immigration law in updating the policy. “When an individual presents at a port of entry before an immigration agent for processing and is allowed entry into the United States, that is inspection and admission for TPS beneficiaries who have received authorization to travel.”

Is it a measure that would benefit everyone with TPS?

No. This policy does not grant automatic permanent resident status to all TPS beneficiaries living in the United States. According to Turansick, it is an option for individuals who entered without undergoing inspection to regularize their status.

Reichlin-Melnick noted that this policy is “specifically for those who live in legal limbo in the United States and have not been able to obtain any kind of permanent status.”

Who benefits?

Immigration lawyers say it’s hard to know how many people will be able to adjust their status under the policy, but they estimate it to be in the thousands.

Under the Trump Administration, TPS beneficiaries could request a travel authorization, but upon returning to the US they maintained the same status with which they left. In its recent memorandum, the USCIS reported that the policy change is retroactive and those who traveled during the years of Donald Trump’s presidency and were admitted will receive inspected status.

Do TPS recipients have to apply for travel authorization?

Yes. They must prove to USCIS that they need to travel for an urgent humanitarian reason, such as a sick family member. If the permit for the TPS beneficiary is requested by a non-profit organization, it must prove that the trip will promote social and cultural interests of the United States.

The application price is currently $575.

If a Tepesian If you leave the United States without obtaining travel authorization in advance, you could lose your TPS status and will not be able to re-enter the country.

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