Greetings Jorge Rivera, immigration attorney.
What does this decision mean? This decision does not refer to the fact that TPS holders are not eligible to apply for TPS because of the residence. They can, but a fundamental change has been implemented in the Sixth, Eighth and Ninth Circuits, which included many states, including California.
Having TPS was considered not only a legal stay, but a legal entry as well. If a person, for example, was going to be petitioned by a U.S. citizen spouse, or a U.S. citizen child, just by having TPS in these circuits (sixth, eighth, and ninth), it allowed them to apply for residency within the U.S. A residency without having to apply for a waiver, leave the U.S., or receive a punishment.
That door has now closed nationwide, in all 50 states of our country. ETPS will only count as a legal stay, not as legal entry. For example, if If you entered the U.S. undocumented, even if you have a legal stay, you will have to apply for a waiver within the U.S., and go to the U.S. Embassy.
Therefore, what is closed is the door for the States in the three circuits named above. Now the whole country is going to be treated the same. People with TPS who do not have legal entry are going to have to ask for a waiver.
This news, although it sounds shocking in the headlines, is not that bad. The news will say that you will no longer be able to apply for residency, but that is not true. Tepesians will still be able to become residents, only now they will have to take additional steps if they entered undocumented.
If you need help obtaining residency and you have TPS, count on us. As lawyers, we will find a solution and we will not make excuses. We want you to obtain residency by having TPS.
Call us at 88 85 78 78 22 76.
Remember also that attorney Jorge Rivera offers all types of legal advice to immigrants throughout the United States.
If you are looking for an immigration lawyer in Miami, you can find us at 5820 Blue Lagoon Dr, Miami, FL.
It also provides counseling for immigrants in Houston.