Thread by @HMAesq

Options for TPS holders whose TPS is expiring. People from Haiti, Nicaragua, El Salvador, and (perhaps) Syria might want to tune in.

Not a lot of options. I'm going to explain the problems first, then offer some insight into how we immigration lawyers might tackle the problem.

"Get an employer to sponsor you."

If you have >1 year of unlawful presence after 1997, or entered illegally it may be very difficult to qualify for a green card. El Salvador had TPS since Feb 2001, so some may qualify under an old law, 245(i). Otherwise, this option is dim.

"File for asylum."

Asylum requires filing within 1 year of last entry. Some people may qualify, but generally you'll need to show changed circumstances (personal or in the country) or something extraordinary in order to file for asylum. And risky.

Asylum depends on where you are in the country. And whether you had prior contact with ICE (as many TPS holders do.) You may have an old order of removal that's been put on hold by TPS. That has to be reopened first, and the government almost never agrees to help anymore.

Even if no prior ICE contact, filing with the Asylum Office means if you don't win, you get put into removal (deportation). You can file for asylum again, but your case better be strong.

General fear of return won't help. You'll probably need something new.

Bottom line: asylum could work, but there are a LOT of ways for it go wrong.

"Switch to another status."

If any unlawful presence, you can't change to, say, a student visa. Even if you're eligible, most will be denied because you've been here for so long.

Most statuses like student, tourist, exchange visitor, etc. require you to show you intend to go back home. That's very hard to show if you've been here for years.

"Cancellation of removal?"

Possibly. But you have to be in removal proceedings, be here for 10 years, generally...

...have good moral character, and also show your deportation will result in a VERY HIGH level of UNUSUAL difficulty to a spouse or child who's a US citizen or permanent resident.

Not many people will qualify. Plus there's a backlog. More waiting/uncertainty.

"Get married to a US citizen, or file through USC spouse/adult child."

If your original entry was unlawful but then had TPS, this will work (currently) only in the 6th and 9th Circuits (KY, MI, OH, TN, CA, AZ, OR, WA, HI, AK, ID, MT, NV) and some district courts. BUT:

If you have left the US on advance parole (AP - advance permission to re-enter) then more options open up to you.

If no AP re-entry, you might qualify for a waiver, but that will require you to leave the US and re-enter. Highly fact-specific and not all will qualify.

If you've been the victim of certain types of crimes, you may qualify for a U visa. That will be a path to permanent residency. But there is a lengthy backlog there, too. It may provide a path (as asylum) while you wait for your child, say, to turn 21 and be able to sponsor you.

Syrians will tend to have current asylum claims due to the situation there that more cleanly fits into the asylum law than, say, terrible gang violence in Central America.

Again: *generally bad country conditions do NOT qualify you for asylum.* You will lose your case.

Another risk facing immigrants is the presence of fraudsters who will promise you the world.

Recognize that you are in a vulnerable position. Get second and third opinions from reputable lawyers. If you file wrong, you will serve yourself up to ICE.

Figuring out a way forward will probably mean talking to people back home. You've been here for so long you may not know what's going on. People back home are afraid to talk, or don't want you to worry, or are afraid of "getting involved" - and you might miss your only shot.

Even if you generally know what's going on back home, you may not know what to ask that might help you.

Whatever you do, please follow these guidelines:

1. Do not delay. Fixing problems take time.
2. Don't listen to family, friends, or word on the street. Get the right advice.
3. Make a plan based on what the law is, not what it might be. Don't wait for Congress.
4. The more you know, the better off you'll be.