Who Can Receive Waivers of Inadmissibility for Temporary Protected Status?

 Posted on December 15, 2021 in Immigration

Foreign citizens who are looking to come to the United States or who are already in the U.S. may sometimes need to deal with issues related to inadmissibility. Immigration officials may determine that a person is inadmissible because of issues such as health concerns, failure to meet vaccination requirements, previous criminal convictions, the likelihood that they will rely on public assistance, fraud or misrepresentation during the immigration process, or previous deportations or unlawful presence in the United States. In some cases, a person may qualify for waivers of inadmissibility. One reason why a waiver may be granted is qualification for Temporary Protected Status (TPS).

What Is Temporary Protected Status?

Conditions in a person’s home country may affect their ability to return to the country safely. The Department of Homeland Security may choose to designate certain countries for Temporary Protected Status because of conditions that would cause a person to be unsafe when returning to the country or because the country is temporarily unable to handle an increase in population. Some common reasons for TPS designations include civil wars or other armed conflicts, natural disasters, or extraordinary issues that affect people’s health and safety.

Foreign nationals currently in the United States who receive TPS protections cannot be deported. They may also be able to obtain authorization for employment in the U.S., as well as travel authorization that will allow them to travel to other countries and re-enter the United States. While TPS protections are temporary, and they do not grant any permanent immigration benefits, a person with this status may apply for a visa, adjustment of status, or any other immigration benefits that they are eligible to receive.

Countries that currently have Temporary Protected Status include:

• Haiti - Available through February 3, 2023 for those who have maintained continuous residence in the U.S. since July 29, 2021.
• Venezuela - Available through February 3, 2023 for those who have maintained continuous residence in the U.S. since July 29, 2021.
• Honduras - Available indefinitely as long as a court injunction remains in effect for those who have maintained continuous residence in the U.S. since December 30, 1998, as long as they re-registered for TPS during the applicable periods.
• Nicaragua - Available indefinitely as long as a court injunction remains in effect for those who have maintained continuous residence in the U.S. since December 30, 1998, as long as they re-registered for TPS during the applicable periods.
• El Salvador - Available indefinitely as long as a court injunction remains in effect for those who have maintained continuous residence in the U.S. since February 13, 2001, as long as they re-registered for TPS during the applicable periods.
• Burma/Myanmar - Available through November 25, 2022 for those who have maintained continuous residence in the U.S. since March 11, 2021.
• Syria - Available through September 30, 2022 for those who have maintained continuous residence in the U.S. since March 19, 2021.
• Yemen - Available through March 3, 2023 for those who have maintained continuous residence in the U.S. since July 5, 2021.
• Somalia - Available through March 17, 2023 for those who have maintained continuous residence in the U.S. since July 19, 2021.
• Sudan - Available indefinitely as long as a court injunction remains in effect for those who have maintained continuous residence in the U.S. since January 9, 2013, as long as they re-registered for TPS during the applicable periods.

Contact Our Orange County Waivers of Inadmissibility Attorneys

If you are an immigrant who is from a country with a TPS designation, Vasquez Law Firm, PLLC can help you apply for protections and ensure that you will be able to continue to live and work in the United States. To get legal help with your case, contact our Orlando deportation defense lawyers today at 407-955-5000 and schedule your free consultation.

Sources:

https://www.uscis.gov/humanitarian/temporary-protected-status

https://www.uscis.gov/sites/default/files/document/foia/Inadmissibillity_and_Waivers.pdf