La Corte Suprema of justice will listen to these arguments the arguments of a long legal dispute in torn to be titular sects of Temporary Protection Status (Temporary Protection Status -TPS-) qualified to convert to permanent legal residency (LPR).
The judicial battle started in 2015 when José Sánchez and Sonia González, two immigrants from the Salvadoran origin who lived 15 years in the program, solicited the Green card traversed by his employer and traumatized the rescued.
It is estimated that 400,000 undocumented immigrants are protected by the TPS. The majority of them are of Central American origin (El Salvador, Honduras and Nicaragua).
Hasta now has three courts of appeal and has determined that the beneficiaries of the TPS casados with city citizens or ten mayors of 21 years in the United States can be advertised to receive the green card.
Otras’ court of appeals he failed in contravention, which derives the case from the maximum tribunal of justice and which in another announcement the revision.
The TPS differs temporally from the reporting and retrieval to the beneficiaries of a work permit (work permit) valid for the same time.
The National TPS Alliance has said that the beneficiaries of the TPS, one 400,000, “are not ineligible”, their lives “are not temporary” and that both the governing body and the tribunals do not have to allow ” United States.
Discontinue the program arguing that the TPS fue created with the proposal to grant a temporary status of permanence and that, at the end of the program, the beneficiaries should regress to their previous status, they say “undocumented”.
The judicial battle
Hasta ahora, tres cortes de apelaciones (6º, 8º y 9º Circuitos) is’ n favoreling van die que en sus jurisdictions die beneficiarios casados con ciudadanos estadounidenses o que tengan hijos nacidos en Estados Unidos mayores de 21 aosos califiquen Green para pedir Card that must initiate the marriage or marriage.
The last dictation was issued in the October finals, giving a panel of judges of the Court of Appeals of the 8th Circuit on the decisions of the other tribunals similar to allow protected CPS immigrants by the TPS to manage the ticket.
“We agree with the arguments of the 6ª and 9ª Court of Appeals, which accept that the immigrants protected by the TPS are considered as’ inspectors and admitted to the country of the Immigration’s,” the juices indicate.
It is considered as “inspectors”, those extraterrestrials compared to the humanitarian program and who plan with the required requirements “can manage the permanent legal residence (LPR)”, dictated the panel.
The 6th Integrated Circuit Board: Missouri, Wisconsin, Indiana, Illinois, Kentucky and Tennessee.
For its part, the 8º Circuit is integrated into the states of: Arkansas, Dakota del Norte, Dakota del Sur, Iowa, Minnesota, Missouri and Nebraska.
And the 9º Circuito, en cambio, lo integran y estados y / o territorios: Alaska, Hawai, Guam, California, Oregon, Washington, Montana, Idaho, Nevada, Arizona en Marianas del Norte.
The Sanchez case
The first request in 2015 was presented in the name of the immigrant José Sánchez, a citizen of origins salvadoreño who was intending to become a patron in order to obtain a Green Card (permanent legal residence).
In order to accept this case again, the Supreme Court of Justice has agreed to determine the destination of miles of persons with TPS which, having entered undocumented in the United States, can not be converted into permanent legal residents, except in the jurisdictions of appeals of 6º, 8º and 9º Circuitos ”, said José Guerrero, an immigration advocate who owns in Miami (Florida).
“The decision of the maximum tribunal will be very important and, if it is positive, many people will benefit, but if it is negative, the gates will open and these people will not be able to obtain their permanent legal residence,” he said.
Lawyers consulted by Univision Notices advise that those who do not have residence do not travel through the country. “My advice is that this alone should have an emergence and, in the future, a travel permit issued by the Office of Citizenship and Immigration Services (USCIS)”, said José Guerrero, who owns Miami.
“It should be noted, however, that if there is a vigorous deportation order and travel with permission to enter the country, it should be noted that the entry permit is discretionary from the Aduanas and Control Fronterizo (CBP) agent”.
The travel authorization (Form I-131) can take up to twenty months to be managed, USCIS advised.
