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Restoring TPS Benefits before the Immigration Court.

Associate Immigration Attorney, Himedes V. Chicas, recently convinced an Immigration Judge to grant his client’s motion for custody redetermination resulting in his client’s release under a reasonable bond. Central to the Immigration Judge’s decision was the fact that Mr. Chicas’ client, who has lived in the U.S. for nearly 15 years now, will be prima facie eligible for Temporary Protected Status (“TPS”).

TPS is a temporary form of humanitarian relief (and valid legal immigration status) for certain nationals of select countries, as designated by the Secretary of the Department of Homeland Security. Currently, TPS benefits have been extended to eligible nationals of El Salvador, Honduras, Haiti, Nicaragua, Syria, Sudan, South Sudan, and Somalia.

Mr. Chicas’ client previously had timely registered and received TPS benefits during the initial registration period, but due to an oversight during a subsequent TPS re-registration period he lost his TPS. Unfortunately, this individual did not ever file a good cause late filing and given the amount of time that had passed since his initial TPS grant, USCIS was unlikely to restore this individual’s TPS benefits. He thus remained without immigration status for some few years now. Following an arrest by local police for a minor traffic infraction, he was placed into removal proceedings.

Now that he is in removal proceedings, the Immigration Judge has the authority to consider this individual’s TPS application de novo¬—meaning the Immigration Judge can now independently determine whether or not Mr. Chicas’ client remains statutorily eligible for TPS. The matter is now set in for an immigration court hearing at which time Judge will determine whether or not to sign an order restoring his TPS benefits, thus allowing Mr. Chicas’ client to recover his legal status and employment authorization in the U.S. If you have any questions regarding TPS benefits or eligibility please call Mr. Chicas at 202.384.2647.

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