Archives for June 2013

DHS Announces Re-designation and 18-Month Extension of TPS for Syria

The Department of Homeland Security has re-designated Syria for Temporary Protected Status (TPS) and has extended the existing TPS designation for the country from October 1, 2013 to March 31, 2015. This allows eligible nationals of Syria to register or re-register for TPS in accordance with federal regulations. All eligible individuals are encouraged to register or re-register as soon as possible.

If you are a Syrian national and are currently under TPS, you must re-register during the 60-day re-registration period that runs from June 17, 2013 through August 16, 2013.
If you are a Syrian national and have a pending TPS application, you do not need to file a re-registration application during this extension period. The USCIS will continue to process your application.
If you are a Syrian national and do not have TPS, you may apply for TPS during the 180-day registration period that runs from June 17, 2013 through December 16, 2013.
A Syrian national, or an individual having no nationality who last habitually resided in Syria, may be eligible for TPS under the re-designation if he or she has continuously resided in the United States since June 17, 2013 and has been continuously physically present in the United States since October 1, 2013. In addition to the continuous residence requirement, all applicants must meet the other TPS eligibility and filing requirements.
If you have questions about Temporary Protected Status and your eligibility or your registration, do not hesitate to contact Mirque Law for answers. Our office can be reached at 616-233-9300.

6th Circuit Says Permanent Residency Status is Available to Uninspected TPS Holder

The Sixth Circuit Court of Appeals held that the district court was wrong in a man’s claims for Lawful Permanent Residency (LPR) status. Mr. Saady Suazo was living in the United States under TPS. He and his wife (an American citizen) eventually sought to obtain LPR status for him. The USCIS denied their request and the district court dismissed their case. On appeal, the Sixth Circuit Court of Appeals agreed with Mr. Saady Suazo that Congress’s clear intent was that a TPS beneficiary is afforded a pathway to LPR status.The Court of Appeals based its holding on the plain language of the statute regarding permanent residency and one of the subsections of the TPS statute. In its decision, the Court of Appeals noted,  “We interpret the statute exactly as written – as allowing Mr. Saady Suazo to be considered as being in lawful status as a nonimmigrant for purposes of adjustment of status.” 

If you are currently a TPS beneficiary who was not inspected upon entry of the United States or has been denied permanent residency because you were admitted without inspection, this new case might help you obtain permanent resident status Call my office at 616-233-9300 to discuss the possibility of adjusting your status to a lawful permanent resident from a TPS beneficiary.
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