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  • Posted on:  09 January 2018

The Trump administration announced this morning that it has cancel the Temporary Protected Status (TPS) of citizens of El Salvador. It is estimated that 200,000 Salvadorians have lived in the United States since 2001 following devastating earthquakes in Central America. The announcement is certain to elevate the issue of U.S. immigration policies in the public eye and to foster the spread of uninformed opinions.

American Corporates Services, Inc. believes in providing accurate information for all who are immigrating, have immigrated, or are considering immigration. Regardless of one’s status in the process, any news that indicates a change or potential change in immigration rules or practice can be unsettling unless properly understood.

Temporary Protected Status is not a path to permanent residency, but they may receive authorization to work while in the U.S.

According to the USCIS,

“The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) if conditions in the country temporarily prevent the country's nationals from returning safely, or in certain circumstances, if the country is unable to handle the return of its nationals adequately.

USCIS may grant TPS to eligible nationals of a designated country, and eligible individuals without nationality who last resided in the designated country, who are already in the United States.

Individuals who are granted TPS can obtain employment authorization.”

The length of Temporary Protected Status is determined based on the situation in the country of origin, not on an individual basis. TPS may be granted for a minimum of six months and a maximum of 18 months. However, DHS may grant extensions as the situation dictates. The TPS for Salvadorians was originally granted in 2001.

The cancellation of the Salvadorian TPS is based solely on the restoration of adequate facilities in their home country. Salvadorian President Sánchez Céren has been aware of the impending cancellation.

A senior DHS official noted that “Damaged schools and hospitals have been reconstructed and repaired. Homes have been rebuilt.”

DHS Secretary Kirstjen Nielsen noted that the TPS status is granted only when the home country cannot sustain the return of its residents. The ability of the DHS to return “tens of thousands” of illegal immigrants with the cooperation of the Salvadorian government is further evidence that the TPS status is no longer necessary.

The cancellation includes a grace period, lasting until September 2019, during which

  1. Salvadorians may arrange for their return to El Salvador.
  2. They may seek permanent residency by applying for a Green Card under a different status.
  3. Congress may address the status of the TPS individuals by passing immigration reform.

If you or anyone you know is under TPS and would like more information on a path to a Green Card, please contact us at American Corporate Services, Inc.

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