The decision by the Trump administration to end Temporary Status (TPS) for Salvadoran citizens has created widespread concern and even some panic. For most of our clients, there are options available to prevent, or at least further delay any forced or unwanted departure from the U.S. In many cases, there are even potential possibilities for permanent residency. Our recommendations for TPS beneficiaries are as follows:
- Make sure you file the extension application before March 19, 2018!
- Apply immediately for Travel Permission, if eligible. This will create a legal entry that may benefit you in the future, even if TPS ends.
- Review any options for sponsorship by a family member. All TPS recipients have lived in the US many years and many have teenage US citizen children who will soon be turning 21 and can sponsor them for residency. Also, many TPS recipients have parents or spouses who can help them apply for a hardship waiver that will make it possible to obtain a green card through the US consul in El Salvador and avoid the 10-year bar.
- Consider employment-based sponsorship. This is particularly important if you were granted TPS before you turned 18 or within six months of your entry into the United States!
- Consider an asylum application. This can be particularly helpful if you recently traveled to El Salvador and were threatened or attacked during that visit or if you have family members there who have recently been threatened or attacked. An asylum application will also allow you to maintain employment authorization after the expiration of TPS
- Consider a 10-year hardship application. This requires a spouse, parent or child who is a US citizen or permanent resident and who will suffer extreme hardship if you must leave the US. Often these applications must be done in conjunctionwith the asylum application.
- If you have a deportation order that is “on hold” because of TPS, there are special issues that need to be discussed before any action is taken!
All of these options must be reviewed vary carefully with an attorney from our staff. Please make an appointment to review these matters carefully.