New York Lawyer's Legal Updates

Solutions For Haiti TPS Holders

Author: Immigration Lawyer Alena Shautsova

On July 22, 2017 TPS for Haiti nationals is set to expire. It means that those who are holding TPS status will be deprived of its benefits and will face immigration challenges as if they were “undocumented.” They will no longer qualify for an advance parole or an employment authorization, or protection from physical removal. It is especially relevant to those holding orders of supervision.

The possible solutions for a person who would find himself in such a situation, will, of course, depend on one’s personal circumstances. Here, I will list a few scenarios that may be helpful to some.

  • If a TPS holder who entered the US legally or was paroled and now is married to a US citizen or has a US citizen child (21 and older) may be able to adjust and receive a green card in the United States. A TPS holder who did not enter US “legally” may still adjust his/her status to permanent residency if he/she resides in certain states. See: TPS Holders Can Adjust In The 9th Circuit (Alaska, California, Arizona, Hawaii). Also, a waiver of unlawful presence may be available for some.
  • A TPS holder may qualify for a U visa if he/she became a victim of certain crimes.
  • A TPS holder may be able to apply for asylum, withholding of removal or relief under convention against torture in certain situations.
  • A TPS holder may also qualify for cancelation of removal, if all other eligibility criteria are met.

When TPS status expires, unless the US government will announce a re-registration period and extends it again, a person will be considered “illegally” present in the United States. It is wise to think about your future and see how you can protect yourself form physical removal in case of ICE encounter after the expiration status. You can reach us at 917-885 2261.

07 April 2017
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