From Temporary Protected Status to Lawful Status: Experiences of a Salvadoran immigrant in the US

If you were under threat of a deportation order by the US government, would you have the courage to attempt gaining legal residency – despite the possibly of calling attention to the order?

This was the decision our client, Mr. T, faced.

Mr. T, a Haitian National, entered the United States without inspection in 2003.

His entry, however, was not without consequence, Mr. T was placed in removal proceedings, eventually under threat of a direct removal order in 2006.

Despite this, Mr. T took his chances and remained in the US —yet, it was obvious his situation required a better solution long term.

In 2010, Haitian nationals were granted Temporary Protective Status, an opportunity Mr. T seized.

What is Temporary Protective Status (TPS)?

Temporary Protective Status provides relief to nationals of countries experiencing extraordinary and temporary conditions placing their safety at extreme risk should they attempt to return to their home country. Such conditions include but are not limited to ongoing armed conflict, environmental disasters, or other crises. Countries currently designated for TPS include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen, among others.

 To understand your rights and eligibility for TPS, you may refer to our law firm, committed to guiding you through every step of the application process. 

Mr. T was granted TPS Status. In 2016, Mr. T. traveled out of the United States under a grant of advance parole and reentered the United States lawfully. 

The temporary status offered Mr. T enough freedom to initiate a life for himself.

In 2017, he joyfully tied the knot with his newfound American spouse. Yet, if Mr. T didn’t find a permanent solution, the couple would be in constant threat of separation.

Less than a year ago, Mr. T retained DeMine Immigration to help in the pursuit of Lawful Residency in the US.

Eager to take on his case, we proposed the following steps:

1. Request the government to join in a Motion to Reopen under the CARECEN settlement

Our office filed a request to the Office of the Chief Counsel in Miami, urging them to join us in a motion to reopen and dismiss Mr. T’s deportation order.

This presented its challenges since Mr. T’s Deportation Order was from 2006, the motion was untimely.

Yet, Mr. T’s character and ties to the US gave our firm a comprehensive packet of evidence to prove he was deserving of an opportunity to gain lawful status. He had maintained good moral character, his family ties provided evidence for loyalty to the country, furthermore he dutifully had filed years of taxes during his stay.

His good standing proved pivotal, the government agreed to join our client in a motion to reopen and dismiss in just one month.

What is the CARECEN Settlement

CARECEN: The Central American Resource Center is a nonprofit organization founded in the early 1980s in response to the needs of Central American refugees fleeing civil wars. It provides legal services, education, and advocacy to Central American and other Latino immigrants.

In response to a lawsuit brought by advocates, the U.S. Citizenship and Immigration Services (USCIS) agreed to restore a path to permanent residency for many Temporary Protected Status (TPS) beneficiaries. Because of the agreement, TPS beneficiaries will be able to reopen and dismiss their removal orders and apply to adjust their status to become permanent residents—eliminating the threat of deportation if their TPS protections are revoked in the future. The process requires the government to join in a motion to dismiss.

This settlement has a significant impact on the lives of Central American immigrant, providing them with further opportunities and options, including temporary protection from deportation, work authorization, and other legal rights.

For further details and eligibility queries, please consider contacting us at DeMine Immigration.

2. File a joint motion to reopen and dismiss with the Board of Immigration Appeals

Our office was quick to advance to the next step once the government agreed to join. After 18-years,  the joint motion to dismiss Mr. T’s  deportation order was swiftly granted 2 months later.

3. File an adjustment of status (residency application) with the United States Citizenship and Immigration Services (USCIS). As well as, filing of an I-601A unlawful presence waiver.

Moving Forward

Finally, after spending over 20 years in the United States, with his deportation order wiped from his record, Mr. T will gain his lawful status.

Our team at DeMine Immigration is proud to have guided Mr. T through this complex process. His victory is not only his own, but inspiration for anyone else attempting to navigate a similar journey. 

If you or a loved one is seeking Temporary Protected Status, don’t navigate this journey alone. Our compassionate and knowledgeable attorneys are here to provide the support and guidance you need to secure your future in the United States.

Contact DeMine Immigration today to schedule a consultation.

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