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San Francisco Immigration Blog

As DHS Announces TPS For Salvadorans Will End on September 9, 2019, All TPS Recipients Should Seek Legal Advice ASAP

The Trump Administration has announced that it will end Temporary Protected Status (TPS) for Salvadorans on September 9, 2019. Salvadorans with TPS will be required to re-register for TPS and apply for new work authorization documents in order to qualify for this one final extension. The re-registration period has not yet been announced.

The Trump Administration has announced the following about TPS:

  • Haiti:  TPS will terminate on January 22, 2019.
  • Nicaragua: TPS will terminate on January 5, 2019.
  • Honduras: TPS temporarily extended through July 5, 2018. A decision regarding potential termination is forthcoming.
  • El Salvador: TPS will terminate on September 9, 2019.

ALL TPS RECIPIENTS SHOULD SEEK LEGAL ADVICE ASAP:

Those with TPS from the countries listed above should explore all immigration options as soon as possible, including the following:

  1. Permanent Residency: Some TPS recipients are eligible to apply for permanent residency based on a family-based relationship or employment-sponsorship. The employment-based green card process often requires longer than a year to process, so time is of the essence.
  2. Temporary Employment-Based Visas: A small group of TPS recipients might be eligible for an H-1B visa. In California as well as other states that fall in the Ninth Circuit, some professional workers might be eligible to change status to H-1B status before TPS is terminated.
  3. Asylum: Some citizens of El Salvador may be eligible for asylum. It is important to strategize early with an immigration lawyer to help assess when to file for asylum. Asylum applicants can obtain work permits in some situations so timing of when to file is important to assure an applicant avoids gaps in work authorization.
  4. Removal Defense: While some news reports suggest Salvadorans must leave the US upon termination of TPS, the vast majority of TPS recipients will be eligible to file applications to defend themselves against removal. Due to immigration court backlogs, these applications will likely take years to be adjudicated so most Salvadorans will not likely face immediate removal from the US.

 

By: Camiel Becker