Temporary Protected Status used as a way to Cure Unlawful Entry

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By Alexander Carl, Esq. Associate Attorney, Law Offices of Ally Bolour, APC

Temporary Protected Status (TPS) may be granted to eligible nationals of certain countries, or part of countries, who are already in the US.  Eligible individuals without nationality who last resided in the designated country may also be granted TPS. All countries do not qualify for TPS, rather the Secretary of Homeland Security designates a foreign country for TPS due to conditions in the country.[1]

To date, The Secretary of Homeland Security has designated the following countries: El Salvador, Honduras, Nicaragua, Guinea, Haiti, Liberia, Nepal, Sierra Leone, Somalia, South Sudan, Syria and Yemen.[2]

TPS serves as an important classification for many individuals particularly individuals who arrive in the U.S. without inspection nor legal status.  An individual who arrives in the US without inspection (EWI), does not have legal entry into the U.S.  Without a legal entry into the U.S., nor legal status in the U.S., the individual will have to jump through many loops in order to adjust his or her status to that of a permanent resident, assuming he or she qualifies for an applicable waiver.

If, however, the individual is a national from one of the countries listed above then he or she may qualify for TPS. This can be applied for in the U.S. regardless of one’s status or mode of entry into the U.S. Once, and if granted, the individual will then have legal status in the U.S. – TPS.

With this legal status the individual is then able to apply for Advanced Parole.  If Advanced Parole is granted, the individual can use the Advanced Parole to exit the U.S. and travel to his or home country and return to the U.S.  Once the individual returns via the Advanced Parole, he or she will be deemed to have legal entry into the U.S.  This entry would cure the individual’s unlawful entry.

As a result of the legal entry into the U.S. the individual is able to adjust his status just as anyone who was lawfully admitted into the U.S., assuming the foreign national has a qualifying family member to petition for him or her.

Of course, there are many factors that determine whether to not a non U.S. citizen can seek entrance or residency in the United States; such as criminal history, terrorist activities, health and economic grounds.  Any of these reasons, and many more, could prevent the admission or adjustment of status of a non-U.S. citizen.

Every case is unique and this article is not intended to be legal advice, and should not be taken as such.  If you believe you or your spouse, child or parent may be eligible for benefits under immigration law, you should consult an attorney about the specifics of your case.  Contact the Law Offices of Ally Bolour, APC for a consolation on the specifics of your case by phone at (323) 857-0034 or at ally@americanvisas.net.  We can also be found at our website, americanvisas.net

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