Ninth Circuit Federal Court Ruling Benefiting TPS Holders to Take Effect

Good news for people with Temporary Protected Status living in Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon and Washington.

The Federal Government did not appeal a court decision The decision of the Federal Court of Appeals for the Ninth Circuit will allow certain individuals with TPS, including Salvadorans, Nicaraguans and Hondurans who entered the United States illegally, to apply for permanent residency in the United States.

The Court reached that decision in late March of this year, after analyzing a lawsuit filed by Salvadoran Jesús Ramírez arguing that the federal government legitimized his entry into the United States when it approved and granted him TPS in 2001.

After request two extensions to appeal the rulingThe federal government did not file a motion.

Matt Adams, Legal Director of the organization Northwest Immigrant Rights ProjectRamirez's counsel, who represented Ramirez, emphasized that since the Government did not file a motion for appeal, the decision is final.

That means that certain individuals with Temporary Protected Status, who live in the Ninth Circuit's jurisdiction and are eligible to make an adjustment of status, can now apply for permanent residence through a U.S. citizen spouse or child within the United States, without having to leave the country.

The Ninth Circuit's decision is similar to the ruling of the U.S. Court of Appeals for the Sixth Circuit.which since 2013 has allowed certain TPS-eligible individuals living in the states of Kentucky, Michigan, Ohio and Tennessee to apply for permanent residency within the United States.

What TPS holders in eligible states must do to apply for residency

Visit an immigration attorney to evaluate your immigration options and determine if the court decision can help you obtain permanent residency.
2. File the appropriate applications with the U.S. Citizenship and Immigration Services.
3. Continue to renew your TPS until you are granted permanent residency.

Warning:

To obtain residency, a person must be admissible to the United States. This means that he or she cannot have certain criminal or immigration records, including prior deportation orders,

If this applies to you, do not submit an application without first speaking to an immigration attorney.

If they wish to travel outside the country, they must apply for an advance parole before traveling.

Must act immediately. There is a possibility that TPS could be cancelled for the various countries covered by the program. For example, the U.S. Department of Homeland Security recently announced a six-month extension of TPS for Haitians, but has given them that time to get their affairs in order and begin preparing for the possible end of the program for Haiti and exit the United States.