Questions and Answers Regarding TPS (Temporary Protected Status)

Temporary Protected Status infopic large

Will I be able to obtain a work permit from USCIS?

If your TPS application is approved, you may receive your Employment Authorization Document (EAD) if you requested your EAD at the same time as your TPS application.  For an EAD, you must submit the appropriate application and USCIS.  Applicants who already have or do not wish to receive employment authorization still must submit a completed USCIS form, but without the required fee.

May I travel outside the United States?

If you are granted TPS, you must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad.  In some cases, limited permission to travel may be granted by the district director in accordance with the advance parole regulations.

Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS.  This may subsequently put you at risk of removal or deportation.

How can I check the status of my application?

You can contact the USCIS office that received your application to ask about your case status.  Be prepared to provide the USCIS staff with specific information about your application.

If my application is rejected by USCIS, may I appeal?

If your application for TPS is denied, you may have the option to appeal.  You will receive instructions telling you whether or not you are allowed to appeal the decision.  These instructions will be included in the notice of denial.

Did You Know that You can Apply for a Green Card Even if Your Visa has Expired?

US-flag map

If you entered the United States “legally,” you probably came to this country with a valid nonimmigrant visa, such as a student visa, tourist visa, or temporary work visa.  Some people are even allowed into the U.S. on a visa waiver or with a special pass at one of the U.S. borders.  In either event, you would have been inspected by an immigration official at your point of entry and allowed into the United States.  This method of entering the U.S. makes it easier for you to file for an Adjustment of Status in the U.S.  Your U.S. citizen spouse can file a Petition for Alien Relative to apply for your green card.

However, did you know that even if you are now staying in the U.S. past the date of your authorized stay, , you are still eligible for a marriage based green card?  A green card is still available to you even if you are “out of status” or are staying here illegally.  If you have overstayed by six months or more since April 1, 1997 you may still apply but would need a waiver.  It is very important to note that if you leave the country, you would be barred from returning for three or ten years, depending on the length of your unauthorized stay.  Immigration law is a complicated field.  Your personal immigration path may have twists and turns that you did not expect!  We can help you to make your journey as smooth as possible.  Contact Your Immigration Angel today for your free consultation!

The Two Paths to a Marriage Based Green Card from United States Citizenship and Immigration Services: Which is Right For YOU?

artsy flag

There are two paths to apply for a marriage based green card.  Which path is right for you depends on your individual circumstances.  The two methods are:

1.)   If you are outside of the United States, then you can apply through a consular process and have your interview at the U.S. consulate in your county.

2.)  If you are currently in the United States, then you can apply to adjust status from within the U.S. and you will have the interview in the U.S.

If you are in the U.S., the USCIS will review your application based on if you came into the U.S. with an inspection or entered the U.S. without an inspection.  If you have fallen out of lawful status but you entered the U.S. legally, and had an inspection by an immigration official, you can generally obtain your green card from within the U.S.   If you are in the U.S. without lawful status, then you cannot change your status from within the U.S.  You will have to return to your home country to proceed through a consular process unless you qualify for an exception to this general rule as the spouse of a U.S. citizen.  Immigration law is very complicated and errors or problems with your petition for a green card can ruin the chances for success now and in the future.  For assistance with your marriage based green card, please contact Your Immigration Angel today!

Lawful Permanent Resident? You can Bring your Spouse and Child(ren) to the U.S.!

family immigration

As a lawful permanent resident (LPR) of the United States, you are allowed to live in the United States indefinitely even if you are still a foreign national.  Permanent residency also entitles you to work in the United States and to travel in and out of the United States without seeking additional visas or permissions.  However, what is usually most important to many LPRs is the ability to petition for a foreign spouse or child(ren) to be granted permanent residency through a green card.  You can petition for your spouse and children and there are always green cards available, because they are immediate relatives!  For more information on petitioning for your spouse and child(ren), contact Your Immigration Angel today!

The Violence Against Women Act: Helping Undocumented Immigrants Suffering from Domestic Abuse

abused woman

The Violence Against Women Act or VAWA, provides wide-ranging support and comprehensive immigration law benefits for victims of domestic violence.  VAWA has also provided a foundation for federal financial support, as well as additional guidance for state and local law initiatives.  There has been significant progress in addressing the domestic violence crimes against immigrants.  However, many abused immigrant men and women are unsure of their rights.  If you or someone you know is being abused or thinks they are being abused and is an immigrant, please, feel free to contact Your Immigration Angel for a free consultation today.

 

Good Immigration News! Haitian Family Reunification Parole Program Soon to be Implemented by the U.S. Department of Homeland Security

haitian immigrants

It will come as a relief to many that a new Haitian Family Reunification Parole (HFRP) Program will be implemented in early 2015.  Deputy Secretary of Homeland Security, Alejandro Mayorkas has said that “The rebuilding and development of a safe and economically strong Haiti is a priority for the United States.  [The] program promotes a fundamental underlying goal of our immigration system – family reunification.  It also supports broader U.S. goals for Haiti’s reconstruction and development by providing the opportunity for certain eligible Haitians to safely and legally immigrate sooner to the United States.”   Indeed, under this program, U.S. Citizenship and Immigration Services (USCIS) will offer certain eligible Haitian beneficiaries of already approved family-based immigrant visa petitions, who are currently in Haiti, an opportunity to come to the United States up to approximately two years before their immigrant visa priority dates become current.

Is BIG Immigration Reform Around the Corner?  Actions Speak Louder Than Words! 

Passport immigration stamp

Although President Obama has yet to issue any statements or take official actions on immigration reform, it seems very likely that the government is gearing up ahead of a new immigration initiative.  On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) drafted a request for bids from potential vendors  for supplies “to support possible future immigration reform initiative requirements.”  These vendors specifically must be capable of handling a scenario of 9 million ID cards issued in one year.  The agency seeks to buy the materials need to construct both Permanent Residency Cards (PRC) aka “Green Cards,” and Employment Authorization Documentation (EAD) cards, also used for the “Deferred Action for Childhood Arrivals” (DACA) program instituted by President Obama in 2012.  The proposal request indicates that the agency will need a minimum of four million cards per year.  However, a “surge” predicted in 2016 would mean the agency would need an additional five million cards – more than double the baseline annual amount for a total of 9 million.

It is rather telling that the proposal request also states that: “The guaranteed minimum for each ordering period is 4,000,000 cards. The estimated maximum for the entire contract is 34,000,000 cards.”  These actions tend to indicate that immigration reform is coming, and in a substantial way! Stay tuned…