Termination of Temporary Protected Status: The End of the Road?

Temporary Protected Status (“TPS”) has been available for citizens of El Salvador who have been physically present and residing in the United States since February 13, 2001. On January 8, 2018, the Secretary of the Department of Homeland Security (“DHS”) announced the termination of TPS for Salvadorians effective September 9, 2019. As identified below, there are several potential remedies that may be available to employees in TPS status (whether they are citizens of El Salvador or any other foreign country) to allow them to remain in the United States legally after their TPS ends on September 9, 2019. Analyzing the eligibility of an employee in TPS status, however, depends on a review of the foreign national’s entire immigration record, including but not limited to how the person entered the United States and whether the person has worked without authorization. Eligibility also varies depending on the applicable law of the jurisdiction in which the employee resides. Employees with TPS May File for Permanent Residence Based on the Petition of a United States Citizen Immediate Relative As a general rule, the immediate relative (defined as the spouse, child under the age of 21 and unmarried, or parent of citizens 21 years of age or older) of a U.S. citizen petitioner may not adjust his/her status to permanent residence if he or she has entered the United States illegally. Stated differently, only...

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