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- I have TPS and I’m worried about what will happen to it under the Trump Administration. Is TPS safe?
No.
In his prior administration, Trump tried to terminate TPS for several countries and was blocked by various court decisions.
TPS stands for Temporary Protected Status. The Secretary of Homeland Security may designate a country for TPS due to conditions existing in that country that temporarily prevent the country’s nationals from returning safely (i.e., ongoing armed conflict, an environmental disaster, and other extraordinary and temporary conditions).
TPS does not lead to lawful permanent resident status or any other immigration status.
TPS is currently designated for the following countries: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
At least 60 days prior to the expiration of TPS, the Secretary of Homeland Security must decide whether to extend or terminate TPS based on the conditions in the foreign country. The decision must be published at least 60 days in advance of the expiration in the Federal Register, otherwise it is automatically extended for six (6) months. A TPS designation can be made for 6, 12, or 18 months.
Congress has the power to create legislation to protect those in TPS; however, they have failed to act for years.
Have you spoken with an Immigration Attorney? Are you eligible for any other form of immigration relief? Contact our office to schedule a consultation.
- What happens at the end of my grant of parole?
If you have not applied for any form of permanent relief that you are eligible for, then once parole expires and if you do not have any other immigration status, you will be considered undocumented and will begin to accrue unlawful presence. You cannot be automatically deported; you would be afforded a hearing before an Immigration Judge where you will have an opportunity to apply for permission to stay in the United States, if you are eligible for other forms of relief.
Have you spoken with an Immigration Attorney? Are you eligible for any other form of immigration relief? Contact our office to schedule a consultation.
- Is DACA safe under Trump?
No.
In his prior administration, Trump attempted to end the DACA program, and it was stalled in the Federal Courts.
Deferred Action for Childhood Arrivals (DACA) is not a permanent program. DACA was intended to be a temporary program until Congress could create a permanent pathway to a Green Card for DACA recipients. No such legislation has been crafted by Congress to date.
DACA was created in 2012 through Executive Order, has undergone extensive litigation and remains a viable program; although because of the litigation, no new DACA applications are currently being processed. DACA renewals continue to be processed by the USCIS and are granted in two-year increments, subject to renewal every two years.
Congress has the power to create legislation to protect DACA recipients; however, they have failed to act for 12 years.
Have you spoken with an Immigration Attorney? Are you eligible for any other form of immigration relief? Contact our office to schedule a consultation.
- Can we expect to see significant delays again with the USCIS under Trump?
Yes, you can guarantee to see significant delays again with the USCIS under the Trump administration.
If you are eligible for immigration benefits, speak with a qualified Immigration Attorney regarding your options NOW. Contact our office to schedule a consultation.
- What is expedited removal?
Expedited Removal allows the U.S. government to remove certain undocumented individuals without a hearing. Expedited removal applies to:
- An undocumented person who enters the U.S. without authorization and is apprehended within 100 miles of the border;
- A person who arrives at a port of entry if they do not have entry documents;
- A person who tries to enter the U.S. through fraud or misrepresentation, with certain exceptions;
- A person who enters by sea without inspection;
- An undocumented person who has been in the United States for less than two (2) years;
- A person who has not been “admitted or paroled” into the United States and is unable to present evidence that they had been physically present in the U.S. for the previous two (2) years.
However, there are certain protections for those who say they want to apply for asylum or indicate they are afraid of returning home.
If any of the above applies to you, it is highly recommended that you contact a qualified Immigration Attorney ASAP.
- I came in through the Parole program and it won’t be renewed, what should I do?
You need to speak with a qualified Immigration Attorney to determine if you are eligible for any other form of immigration relief. You may contact our office to schedule a consultation.
- I’d like to travel outside the United States to see my family from the end of November through the end of January, can I?
We are advising nearly all our clients to return to the United States before January 20, 2025.
If you have questions as to why, contact our office to schedule a consultation.
- Will Trump bring back the travel ban?
Yes. It is highly likely that another travel ban will be put into play by the Trump Administration.
If you are currently traveling internationally or have plans to travel internationally within the next 60 days, please speak with an experienced Immigration Attorney. Contact our office to schedule a consultation.
- I am on H-1B and my I-140 was recently approved. I need to file for employment authorization for my wife. Can we move forward now?
Yes. You need to move forward as soon as possible. If your spouse has a valid offer of employment from a U.S. employer, they may want to consider submitting an H-1B CAP registration for her in March of 2025 as well. If you have further questions, you may contact our office to schedule a consultation.
- What will Trump’s enforcement priorities be?
Very similar to what they were before: When Trump was President, he signed Executive Order, “Enhancing Public Safety in the Interior of the United States,” which massively expanded immigration enforcement within the interior of the United States.
The executive order prioritized the deportation of the following individuals:
- noncitizens who have been convicted of ANY criminal offense;
- noncitizens charged with ANY criminal offense, where the charge has not been resolved;
- noncitizens who have committed acts that constitute a chargeable criminal offense;
- noncitizens who have engaged in fraud or willful misrepresentation in connection with any official matter or application before a gov’t agency;
- noncitizens who have abused any program related to the receipt of public benefits;
- noncitizens who are subject to a final order of removal but have not deported; and
- noncitizens in the judgment of an immigration officer, otherwise pose a risk to public safety or national security.
More detailed information is contained in the Executive Order published on the White House website.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, December 6, 2024!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!
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