Options for TPS Holders from Haiti and Nicaragua

On November 20, 2017, the Acting Secretary of Homeland Security announced the end of TPS for Haiti. Prior to that on November 6, 2017 the end of TPS for Nicaragua was announced. Haitians were given a delayed effective date of 18 months. This means their status will be valid through July 22, 2019. Nicaraguans were given a delayed effective date of 12 moths allowing them status through January 1, 2019. Those that have been affected by these announcements have been residing in the United States for years. They are inevitably left wondering…now what?

There may still be options for those whose TPS status will be ending.

  • Some of the affected TPS holders may have entered the United States lawfully or were paroled into the United States. They may have also been paroled by traveling with their TPS status. If those persons have a United States Citizen spouse or child over 21 years old, they may be eligible for adjustment of status in the United States. Even if they do not meet those requirements, those having a Legal Permanent Resident or United States Citizen spouse or parents may still have options. For instance, they may qualify for a provisional waiver or to adjust status at the consulate.
  • There are also affected TPS holders who may have been in deportation or removal proceedings before an Immigration Judge previously. If that is the case and the proceedings were administratively closed they may be eligible to continue with a previous application depending on the circumstances.
  • Additionally, there may be affected TPS holders who fear persecution if they return to their home country. If that is the case and the fear is based on one of 5 enumerated categories they may be able to apply for asylum or withholding of removal. Moreover, if the person is placed in removal proceeding they may be eligible for other forms of relief such as Cancellation of Removal.

 

 

In short, if you are affected by the recent TPS announcements for Haiti and Nicaragua you need to be prepared. There may be options available to you and the time to prepare is now. It is vital that those affected consult with an experienced Immigration Attorney in order to discuss which options may be available and begin planning now for what is to come.

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