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Tough to transfer from TPS to permanent resident

The revocation of Temporary Protected Status for some otherwise deportable aliens has recently been in the news. A person who is not yet a permanent resident of the United States, who resides in New York, may be subject to deportation. However, due to deteriorating circumstances in some countries, the U.S. has granted TPS for some individuals. 

Most recently, the TPS of Haitians in the United States was announced to be revoked. The U.S. administration has decided that living conditions in the country have improved enough since the earthquake in 2010 that the country could start receiving deportees again. Some individuals and advocacy groups argue that Haitians living in the United States should be allowed to stay because they have been integrated into American life, with many holding jobs, paying taxes and owning homes. 

Unfortunately, analysts say that with the way the law is written, there is no allowance for a TPS immigrant to be given permanent residency based on their TPS status. The person can apply based on other factors but will not be able to be have the TPS status reinstated per current law, say some experts. It is said that the law also prohibits judicial review, unless there is a supermajority vote of the Senate. 

An individual who has been able to stay in New York based upon TPS must either prepare to be deported or become a permanent resident through another route. With TPS status being revoked for many nationalities next year, some individuals may find themselves seeking a solution to stay in the United States. An immigration lawyer can be of assistance to the individual who wishes to apply for permanent residency. 

Source:, "Haiti's temporary protected status never intended to be permanent", Nolan Rappaport, Nov. 28, 2017

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