Maryland Criminal & Immigration Lawyer Blog
As a part of its overall set of immigration policies, the Trump Administration has sought the termination of temporary protected status (TPS) for immigrants from several countries. Earlier today, a federal court in California issued an order stopping that termination… for now. Immigrants from the affected countries should be aware that litigation is ongoing and orders that keep TPS in place are not final. Immigrants should consider alternative options, including obtaining status by another means. If you are currently someone under TPS, you should contact a knowledgeable Maryland immigration lawyer to discuss what steps you can take to protect yourself.
Currently, a group called the “National TPS Alliance” has undertaken two federal lawsuits in California. At the same time, the Haitian Evangelical Clergy Association has initiated one action in a New York federal court. These lawsuits against the Department of Homeland Security oppose Trump Administration initiatives to cut off TPS for immigrants from various countries that include Haiti, Venezuela, Honduras, Nicaragua, and Nepal (among others).
Earlier today, a federal district court in California ruled against the administration’s effort to cut off TPS for Nicaraguans, Hondurans, and Nepalese. The administration had slated TPS for immigrants from those countries to end on August 5 (Nepal) or September 8 (Honduras and Nicaragua). The judge’s order postpones termination until at least November 18, when the court will convene another hearing.
Immigrants currently in the country based on TPS should maintain keen awareness of these legal battles, as the outcome of these lawsuits could radically alter their status.
For those from countries where TPS is perilous, it may pay to pursue other pathways for maintaining status. One option is asylum, which requires you to provide the government with proof that you fear returning to your country of origin. That fear must be the result of harm you endured previously or your reasonable belief that you would experience harm there in the future because of race, religion, political persuasion, or membership in a particular social group.
The asylum application process is highly complex and filled with potential pitfalls for the unwary, so it is well worth your while to speak to legal counsel before filing an asylum application.
Another means is the Convention Against Torture. If you can establish that you face a likelihood of torture if you return to your country of origin, then you may be granted “withholding” status and be allowed to stay in the U.S.
Additionally, victims of some crimes may be eligible for a U visa. Qualifying crimes under the U visa include things like domestic violence, robbery, sexual assault, kidnapping/abduction, and other crimes of violence. To be eligible for a U visa, you need proof that you “suffered substantial physical or mental abuse” and you “were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.”
Family- and Employment-Based Options
A family visa may be an option for some. If you have a parent, child, spouse, or sibling who is a U.S. citizen or a green card holder, you may be eligible to apply for a family-based visa. You should keep in mind, however, that this pathway can take a very long time (perhaps years) to complete.
Immigrants currently holding TPS may also seek employment-based status, such as an H-1B visa or PERM. H-1B visas are available to a limited number of immigrants who work in specialty professions and possess bachelor’s degrees (or equivalent). PERM is a certification that the U.S. Labor Department issues that allows an employer to hire an immigrant to work in the United States on a permanent basis.
Like the avenues mentioned earlier, obtaining employment-based status can be tricky, complicated, and time-consuming. Having a legal advocate who is familiar with the process can be essential to getting approved… and getting that approval as quickly as possible. Maryland immigration visa attorney Anthony A. Fatemi, founding partner of the office Anthony A. Fatemi, LLC, has extensive experience dealing with these various options and with counseling immigrants on the best way to protect themselves and their status. Contact us today at 301-519-2801 or via our online form to set up your consultation.