In 1990, the US government created TPS or Temporary Protected Status. It provides a safe haven to nationals from countries undergoing a major turmoil, such as natural disasters or an armed conflict. Thus, they can receive temporary relief from it and avoid deportation out of the United States.
The secretary of homeland security may renew someone’s TPS if the conditions necessitating it have not abated yet. They may also take this step if their homeland is unable to re-absorb them due to a valid reason.
TPS El Salvador can keep Salvadorans safe from deportation proceedings. Moreover, because of it, they can also get work permits. However, recent changes in the rules have upended the situation. Keep reading, so you can stay up-to-date with El Salvador’s TPS extension and know what to do when it expires.
What Is TPS?
A form of temporary immigration status for foreign nationals. They are only eligible for one if the conditions in their homeland prevent their return or cannot guarantee their safety. It is a part of the Immigration and Nationality Act.
During the designated TPS period, the beneficiaries may not only remain in the US. They can also apply for an Employment Authorization Document and begin working. Employment will protect them from deportation and help meet the TPS requirements.
The US has granted TPS to the following countries:
- El Salvador more than 250,000 people
- Haiti more than 55,000 people
- Honduras more than 80,000 people
- Nepal more than 14,500 people
- Nicaragua more than 4,500 people
- Somalia more than 400 people
- South Sudan more than 80 people
- Sudan more than 800 people
- Syria more than 7,000 people
- Yemen more than 1,400 people
During the Bush administration, the first El Salvador TPS was granted by the Congress. Both the Bush and Obama administrations have extended this protection to Salvadorans several times after its introduction.
At present, the Salvadorans form the largest group out of the nations having TPS. The largest proportions living in different states (from highest to lowest) are found in Washington, DC, Los Angeles, New York, and Houston.
Why Was El Salvador Granted TPS?
The first Temporary Protected Status El Salvador was granted in 2001 after the country was hit by multiple earthquakes in the same year. The US has also been sending aid to the country, which President Trump has recently cut off.
TPS and the Trump Administration in 2018
The current President’s administration also wants to end TPS for Salvadorans. This decision came to the forefront in 2018. However, a Californian federal court blocked the move temporarily. It was in answer to the case that the American Civil Liberties Union brought against it. Other countries that would lose the TPS if that decision had passed included Sudan, Haiti, Honduras, Nepal, and Nicaragua. Abiding by the injunction, the government extended the program to September 2019. But that was only for the countries part of the ACLU’s appeal, which includes El Salvador.
In 2018, remittances from out-of-country Salvadorans — most of them in the United States — equaled almost $5.4 billion. The amount made up 20 percent of El Salvador’s GDP. Thus, the TPS is supporting the economy in El Salvador in a way! Moreover, Salvadorans are also important to the United States economy. They make up close to 1/5th of the construction worker population in DC.
TPS for El Salvador Gets Extended
TPS Extension El Salvador means that the government has now extended the program to January 2020. Therefore, after the announcement on October 2019, Trump administration is extending TPS for El Salvador until January 4th, 2021. That gives any Salvadorans 365 days more to return to their home country after their TPS expires.
What are My Options Once TPS Expires?
We do not know what this government plans for TPS El Salvador 2021. However, we do know that the program will expire in 2020. That will leave you – if you are here in the US on TPS – with several options. We present them below with an emphasis on one thing. Since your eligibility for these options will vary, it’s important to hire an immigration attorney to see which of them are worth pursuing:
Apply for Another Nonimmigrant Status
Those range from the F-1 for students to the E series for workers. Even though they can allow you to change status without leaving the US, each has conditions that you must satisfy first. Moreover, many of them also have a requirement for an employer to petition for you. Talk to an attorney for more information on this.
Other legal nonimmigrant statuses are also available to certain victims of crime (a) U-visas for assisting law enforcement and, (b) T-visas for human trafficking. Unlike the other categories, the U and T visas offer the added advantage of not requiring lawful admittance.
Apply for Asylum
El Salvador TPS expiration can become a way of applying for asylum should you fear persecution back at home. The USCIS can allow you to legally stay in the United States until they come to a decision about your application. After six months and no decision, you can get a work permit too. With the USCIS acceptance in hand for a year, you may also apply for a green card.
Keep in mind that delaying after your TPS expiration may result in an eligibility to apply for asylum. Ask your attorney how long you can wait.
Apply for Permanent Residency
You can also seek to become a permanent resident through sponsorship by either your employer or a close family member. Eligibility for this would mean you can adjust your status from TPS to a permanent resident. If your lawyer says you qualify, you won’t have to go back to El Salvador to apply.
In certain cases, an individual may qualify without being eligible to adjust their status while in the US. If that is your situation, you must leave first. In any case, consult with an immigration lawyer to make sure you have a way back in.
Prove You are One or Become a US Citizen
This can be true for people whose parents or grandparents or they themselves were part of the US military or spent time in the country. They may have become US citizens themselves and just don’t know about it. Again, talking to your lawyer will help clarify things.
Appeal to an Immigration Judge During Deportation
The US government can deport you after the expiration of your TPS. However, asking the judge may prevent that from happening. Ask a lawyer about the defenses an undocumented alien may mount in such a situation, such as from protection against torture. The judge might also show leniency to people whose relative – a permanent resident – may suffer if they were deported. That entails getting a cancellation of removal.
Contact Attorney Eric Price Today!
TPS El Salvador Extension will end next year. Before you surrender yourself to deportation just so you can talk to a judge or take other needless risks, think about them. Talk to Eric Price – the immigration lawyer – beforehand!