Immigration Lawyer In Austin News: With TPS ending, many people are concerned about what to do. The Temporary Protected Status classification affected many people including those with a green card, those who had a marriage to a U.S. citizen and more. But now lawmakers are trying to get rid of the Temporary Protected Status (TPS) and many people who fell under that protection are now wondering what to do.
However, there has been a recent development on this issue. The Ninth Circuit Court of Appeals ruled that under Ramirez v. Brown, 852 F. 3d 954 (9th Cir. 2017), someone with Temporary Protected Status is considered to be in the United States legally, and has satisfied the inspection requirements of a non-immigrant. This was a judgment that had been set in motion earlier with the ruling from Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013).
This establishes a precedent that someone who entered the United States without the required inspection and admission, but then was awarded TPS status, was then considered to have been legally inspected and admitted and may become a lawful resident if the individual becomes eligible to do so. Let’s look at some of the people that might benefit from the Ramirez v. Brown and Florez v. USCIS rulings.
- Those who entered the U.S. without inspection prior to receiving TPS status and currently have TPS status
- They are not deemed inadmissible for any other reason (other than entering without inspection)
- They reside within the jurisdiction of the sixth or ninth circuit courts
They must also have a visa readily available, which is usually based upon one of the following factors:
- They are the spouse or child of a U.S. citizen
- They are the parent of a U.S. citizen who is aged 21 years old or older
- They have a visa immediately available due to employment
There is also the fact that the person must have maintained lawful status since entry to the U.S. and not engaged in unauthorized employment. However, there are some exceptions to this. For example, if the person is applying for TPS adjustment as an immediate relative then they will still be admissible. There are also some exceptions when it comes to employment-based adjustment.
An Austin immigration lawyer – Abogados de Inmigracion en Austin TX – can help you determine how best to transition out of TPS into green card status. Learn more by contacting Michael G. Murray, P.A today!
We handle a variety of immigration cases, so call us now if you have any questions.
View more contact information here: Immigration Lawyer In Austin.