In the past few months the current administration has announced the ending of Temporary Protective Status (TPS) for multiple countries including El Salvador, Haiti, Nicaragua, and Sudan. If you are losing your TPS, there may be another way for you to obtain status in the United States. A few of these pathways are listed below.
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If you entered the U.S. lawfully and have a spouse, parent , or child over 21 who is a United States citizen or permanent resident, you may be able to apply for residency. Individuals with family members meeting these categories may apply for residency within the United States without a waiver.
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If you did not enter the U.S. lawfully, but you have a spouse or parent who is a United States citizen or permanent resident, you may be able to apply for an immigrant visa. Individuals with family members in these categories who did not enter legally, can apply for a waiver for their unlawful entry into the United States. After receiving this waiver, individuals can travel to their home countries for an immigrant visa interview. After obtaining an immigrant visa, these people can then return to the United States legally and receive their permanent residency.
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If you did not enter the U.S. lawfully, but you have a child over 21 who is a United States citizen, you may be able to apply for residency. This is an open question of law that Wilson Law Group is currently litigating.
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If you have been a victim of a crime, you may be able to apply for a U visa. Individuals who apply for a U visa must show that they reported the crime and/or helped the police investigate the crime. They also must show that they suffered substantially because of the crime.
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If you are afraid to return to your home country for a specific reason, you may be able to apply for asylum. Generally, asylum applicants must apply for asylum within one year of entering the United States. However, if the applicant has been in a lawful status such as TPS, he/she can apply for asylum within a reasonable time (generally six months) after his/her lawful status has been terminated.
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If you have an employer who is willing to sponsor you, you may be able to apply for residency through them. There are certain requirements an employer must complete such as taking steps to show that no U.S. worker currently is currently qualified and available to do the job and paying certain fees.
Wilson Law Group helps with all these types of applications and many more. If you currently have TPS, please call (612) 436-7100 to schedule your free consultation to determine if you may qualify for any other route to a more permanent status in the United States.