Policy Memorandum for TPS Holders

USCIS memorandum for TPS holders who managed to exit the US and return

The TPS program

The immigration system of the US offers a wide variety of options available to foreigners who plan to gain work experience, build a promising future for their families, take tourist trips, flee the danger of their countries, invest in local businesses, inter alia.

In fact, the US is not only a world power in terms of technology and science, but it is also a first world country that welcomes immigrant families that need it most through political asylum, refuge and other alternatives.

For instance, the Temporary Protected Status (TPS) is a program that currently protects immigrants from 10 countries. They can request it if they are fleeing local conflicts, epidemics, weather conditions, natural disasters, or any other scenario that could harm their lives.

The TPS protects from deportation and allows immigrants to apply for an Employment Authorization Document (EAD).

However, it is important to clarify that TPS does not offer a path to adjust the immigration status. Therefore, if a TPS holder wants to obtain legal permanent residence or any other immigration status, they must find the right way to request it.

In other words, TPS by itself will not provide any options to be able to reside in the US after it expires.

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Travel permit for TPS holders

On August 20, 2020, the US Citizenship and Immigration Services (USCIS) released a Policy Memorandum, stating and explaining the proper path for TPS holders to leave the country and return without inconveniences.

The USCIS explains that TPS beneficiary immigrants can request a travel document from the Department of Homeland Security (DHS) and this would allow them to:

  • Leave the US without affecting their immigration status.
  • Re-enter the country with authorization from DHS and continue to hold the TPS.
  • Leaving the country with the DHS travel permit will not have a negative impact if they want to apply for an adjustment of immigration status in the future.

In one of our most recent articles, we talk about a lawsuit filed by a group of immigrants against the Trump administration, because it wanted to remove the travel benefit for TPS holders.

However, despite the Trump administration’s intention to remove this benefit, the USCIS already confirmed that if TPS beneficiaries hold a travel permit issued by the DHS, their immigration status will be exactly the same when they return to the US (including deportation orders).

Do you need to apply for an adjustment of immigration status? Our team of experts can help you.

Current circumstances of the US immigration sector

Nowadays, after more than three months in which the immigration sector was almost completely paused in the US, we are witnessing how regular services return to normal. This gives thousands of people the opportunity to fulfill their dream of coming to the country and building a future.

Therefore, it is the right time for you to begin your immigration journey in the US. In addition to that, the most important recommendation is for you to seek reliable help, who can guide you towards the success of your immigration application.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.