If you are a national, citizen of Haiti or your last place of residence was Haiti and you were present in the United States of America before January 12, 2010, you may qualify for Temporary Protected Status ("TPS").
If you are in Removal, Deportation, and/or Exclusion and you are national, citizen of or last habitually resided in any of the following countries: El Salvador, Haiti, Sudan, Somalia, Honduras, or Sudan- countries designated for relief by the United States Attorney General you may be able to petition an Immigration Judge for TPS relief. Matter of Lopez Aldana, 25 I & N Dec. 49 (BIA 2009). It appears that the regulations also envision that an Immigration Judge will be the initial adjudicator of a TPS application in certain limited circumstances. Also, where an alien has a pending proceeding before an Immigration Judge, Board, BIA, Board of Immigration Appeal, AAO, or AAU at the time a foreign state is designated under INA § 244 (b) of the Act (8USCA § 1254a), the Alien will have the opportunity to submit an application to the designated director within the DHS, USCIS, BCIS, CIS. Where the bases of the charging document, if established, would render the alien ineligible for TPS, eligibility would be determined during the pending proceedings. Matter of Ismael Lopez-Aldana; 8 C.F.R. § 244.7(d); 8 C.F.R. § 1244.7(d) (2009). Id.
If you have a criminal history, you may still qualify for TPS if the criminal matter can be overcome by filing a waiver.
The Law Firm of JARVIS & ASSOCIATES, P. C., is a local, national and international Immigration Law and Business Law Firm that can assist you with all of your Immigration needs. If your case is Immigration related and you live in the following places: St. Thomas, St. Croix, Puerto Rico, Guam, St. Johns, America Samoa, Alaska, Alabama, Arkansas, Florida, Texas, Mississippi, Louisiana, Minnesota, Rhode Island, Vermont, Maine, New York, New Jersey, Pennsylvania, Georgia, Texas, Tennessee, Idaho, Montana, South Dakota, North Dakota, Missouri, Nebraska, Nevada, Colorado, Arizona, New Mexico, North Carolina, South Carolina, Virginia, Maryland, Wisconsin, Illinois, Indiana, Hawaii, Iowa, Maryland, West Virginia, Oklahoma, Utah, Ohio, Massachusetts, Connecticut, California, Oregon, Washington, District of Columbia (DC), Michigan, Kansas, Wyoming, New Hampshire, and Kentucky.
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