Supreme Court Prepared to Hear Arguments from Immigrants Who Entered the U.S. Through Protected Status

Earlier this week, The Supreme Court scheduled to hear from immigrants who sought asylum in the U.S. after fleeing their native countries with Temporary Protected Status (TPS). America only provides TPS to countries that are experiencing dangerous conditions ranging from environmental disasters to armed conflict. This is a big opportunity for those who currently live in the U.S., after entering on TPS. Though they have rights to employment, travel, and safeguarded from deportation there is still much to be fought for.

The Issue Behind TPS Immigration

Unlike normal immigration processes, those who temporarily reside in the U.S. through TPS have not applied for a visa. Not only are they recognized as illegal immigrants, but circuit courts have also been debating how to appropriately handle the green card process for families that reside here without deporting them and asking that they return. Now the courts need to decide if they are going to bar green-card applications from those that entered with TPS protection.

A Salvadoran Couple Urge for Change

Jose Sanchez and Sonia Gonzalez, a married couple came to the U.S. in the late 90s. They had applied for and were granted TPS to flee from El Salvador after earthquakes in 2001 according to Bloomberg Law. Several years later, he was able to receive an employment visa through his employer at Viking Yacht. Co. When he used that visa to adjust his status for permanent residency, he was denied by the U.S. Citizen and Immigration Services (USCIS). Because he wasn’t officially admitted into the U.S., he was ineligible to apply.

There are many applicants in the same position as Sanchez and Gonzalez. If you reside in the U.S. as a TPS beneficiary, you should consider hiring an attorney for work visa assistance if you were employed through sponsorship. With uncertainty regarding what the future may hold for those living in the U.S., it’s best to be prepared.

Their case, referred to as Sanchez v. Mayorkas, was presented through the 3rd Circuit Court of Appeals. Officials were not in favor of allowing immigrants to apply for a green card. There is uncertainty about granting those with TPS protection admission. The Third Circuit stated, “an alien with TPS ‘shall be considered as being in, and maintaining, lawful status as a nonimmigrant,’” according to Fox News.

Biden Is Pushing to Increase Green Cards – This Remains A Prominent Issue

As the Biden Administration plans to propose an immigration bill to increase annual green cards, this remains a prominent issue and possible setback. If the Supreme Court reconsiders its ruling, thousands of people residing in the U.S. can apply for green card visas to change their immigration status. However, if it remains unchanged millions would need to leave the U.S. to apply. It could take years for re-entry. If you have questions about the ruling or need legal immigration help in Los Angeles, schedule a free consultation with our attorneys at Grey Law.