How Parents with TPS Can Take Steps to Protect the Welfare of Their U.S. Born Children

CONTACT: Cynthia N.  Grob, Esquire

About 200,000 Salvadorans will lose their temporary protective status (TPS) in the United States next year. That designation for individuals from Sudan, Haiti, Nicaragua, and Honduras is also scheduled to expire.

Many of the parents who benefit from this immigration designation are now struggling to make plans for their U.S. born children.  While there are certainly legal strategies that parents can consult with immigration attorneys about in order to alter their immigration status or obtain legal status through other avenues, if parents are not eligible for those other forms of relief they need to make arrangements for their children who they may choose to have remain in the United States.   While there is an eighteen month window to the expiration of TPS for Salvadoran parents, they should begin the legal process of establishing who will be their U.S. born children’s legal guardians should they consider allowing the children to remain in the United States.

TPS holders can also consult with an immigration attorney about alternative Visas.  Some may qualify to obtain legal permanent residency through their personal ties to a U.S. citizen, such as a sibling or spouse; they can apply for asylum if they can establish a credible fear of harm should they be forced to return to their country of origin; or receive a U-Visa if they have been a victim of a crime in the U.S. and have assisted authorities in the incident’s investigation and prosecution.

For help investigating visa options and planning for parents with Temporary Protected Status and U.S. born children, contact author Cynthia N. Grob, Esq.