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630-932-9100
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Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

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1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
Subscribe to this list via RSS Blog posts tagged in temporary protected status

Posted on in Immigration

IL immigration lawyerSometimes, someone who has been waiting for a visa or another immigration status will want or need to travel abroad, but they may not have a passport or other valid status that will let them back in the United States upon return. Alternatively, sometimes someone in your family may need to be let into the U.S. quickly, especially in cases such as family emergencies. In both of these situations, the remedy is called parole - the latter is humanitarian parole, while the former is called advance parole. Both can be difficult - but not impossible - to get.

Advance Parole

Advance Parole (AP) is exclusively for those who are not in legal immigration status - for example, those who have been granted asylum or refugee status, those who are in the middle of adjusting status, and those who have been granted Temporary Protected Status (TPS). In some cases, it may be able to be granted for those who still have an asylum claim pending before the courts. AP allows someone who belongs to any of these groups, or a few select others, to be able to travel abroad and return to the country to continue waiting for their official immigration status to vest.

AP is necessary because, without it, anyone who lacks valid status essentially cannot leave the United States for any reason, no matter how serious. They would have no documents to show upon arriving back in the country and would be turned around in all but the most unusual cases. This is a problem not only because they may have a claim to legal status, but also because in some cases, spending too long out of the country will make U.S. Customs and Immigration Services (USCIS) determine that you have abandoned your application for status entirely. USCIS states explicitly that before leaving the U.S., anyone without legal status must have already been approved for advance parole.

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IL immigration lawyerIn today’s highly volatile political environment, it can be easy to encounter misinformation about immigrants and immigration law, but this can yield negative consequences, especially if you are an immigrant yourself. One of the most commonly confused issues nowadays is in discussing the difference between improper entry and unlawful presence in the country. One is a crime, while one is not, and misunderstandings on this score might imperil your ability to obtain immigration benefits in the future.

Unlawful Presence Is Not a Crime

In many situations, when the average person is complaining about “illegal immigrants,” they mean those who are present in the United States but are not authorized to be in the country. This is referred to as having or accumulating unlawful presence. It is important to understand that these people, and there are a significant amount of them, may possibly have committed crimes (for example, identity theft may occur when an undocumented person uses another person’s Social Security number so they can work) - but their simply being present in the U.S. is not one of them.

The U.S. Supreme Court in Arizona v. United States (2012) held explicitly that “as a general rule, it is not a crime for a removable alien to remain present in the United States.” The key wording, however, is “remain” present - the act of staying in the United States after entry, regardless of whether you knew you were deportable or not, is not a crime even though it may be unlawful (obviously, not every unlawful action is a crime). This means, however, that Arizona does not deal with the issue of improper or unlawful entry.

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Posted on in Immigration

IL immigration lawyerTemporary Protected Status (TPS) is a U.S. immigration status granted to nationals of certain countries whose conditions are such where it would be unsafe for them to return home, usually because of either armed conflict or natural disasters. The current federal administration has sought to end the benefit for many countries, but on October 4, 2018, the Northern District of California barred the administration from doing so for nationals of El Salvador, Haiti, Nicaragua, and Sudan. This changes matters for immigrants from those countries, at least for now.

What Is TPS?

TPS is an immigration benefit first instituted as part of the Immigration Act of 1990. In that piece of legislation, the Attorney General originally, and now the Secretary of Homeland Security, may designate a specific country whose nationals may remain in the U.S. for the term of the benefit since sending them home would be unsafe. Once granted TPS, a person may stay in the U.S. until the benefit is canceled. They can also seek employment authorization, and in some cases, travel authorization with permission to return.

It is important to keep in mind that TPS is a purely humanitarian benefit, and does not give anyone the right to any other type of immigration benefit - adjustment of status is not possible, meaning that if you, for example, want to marry a U.S. citizen, you cannot do so on TPS without also applying for the proper fiance visa. TPS is meant to be temporary, but at the same time, if country conditions have not improved, one should be able to point to this as a reason to remain in the U.S., and for many countries with TPS, conditions at home have simply not improved.

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Chicago deportation defense attorneys, temporary protected status, deportation, non-immigrant visa, lawful permanent residentOn March 12, 2018, a lawsuit was filed in federal court in San Francisco by representatives of immigrants from four countries, alleging that the end to Temporary Protected Status (TPS) was racially motivated. Immigrants from El Salvador, Nicaragua, Haiti and Sudan filed in the Northern District of California seeking a reinstatement of TPS, or alternatively, a stay that would allow those with minor children of school age to remain until graduation. This is the third suit filed challenging the program’s end. While the decision will take time, these suits could wind up ultimately affecting TPS holders for the better.

TPS Provides Safety

Temporary Protected Status is a status granted by the Department of Homeland Security (formerly by the Attorney General) to nationals of countries deemed to have been affected by natural disasters or war to an extent where the country’s infrastructure has broken down. As of this writing, there are 10 countries whose nationals have TPS—Haiti, El Salvador, Somalia, Nicaragua, Nepal, South Sudan, Syria, Yemen, and Honduras. All these countries have experienced either significant natural disasters, such as the earthquakes in Haiti and Nepal, or periods of civil war or unrest, such as in Somalia or El Salvador.

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Chicago deportation defense attorneys, temporary protected status, TPS eligibility, immigration, immigration status, immigration consequencesThe United States has granted an immigration status called Temporary Protected Status (TPS) for nearly two decades, beginning in 1990 with the Immigration Act. However, in early 2017, the U.S. State Department sent a letter to the Department of Homeland Security (DHS), which oversees the program, and advised that certain groups “no longer need[ed] to be shielded from deportation” in the Secretary’s estimation. While this is not an official revocation of status, it paves the way for what will likely become a revocation. This means that some living under TPS will need to quickly depart lest they face future immigration consequences.

Who Has TPS?

Temporary Protected Status is granted at the discretion of the Secretary of Homeland Security to those nationals who hail from countries where conditions make it impossible to safely return at the time the status is granted—usually due to ongoing war or natural disasters. The status is usually revoked when conditions in the country are deemed to have sufficiently improved. For example, TPS was granted to Rwandans following the 1994 genocide in their country, and was rescinded in 1997 after the country’s political system had stabilized and it was deemed safe to allow nationals to return.

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