U.S. Residency Through Cancellation Also for TPS Holders

Case Story of TPS holder with an American child with ADHD or other health conditions

Dear Friends,

Below is an example of one way in which someone with TPS status could qualify to apply for U.S. Residency.

Diana G. contacted FitzGerald Law Company several years ago for assistance with the renewal of her TPS. During the initial meeting Diana G. asked if there was any way for a person with TPS to get Legal Permanent Resident status in the U.S. because she was concerned that TPS might end someday.

The immigration lawyers at FitzGerald Law Company knew Diana had been living in the U.S. for more than 10 years and asked her if she had any family in the U.S. Diana told them that she had 2 children, both born in the United States.  Our attorneys proceeded to ask her about the health condition of the children, and found out that one was having trouble in school because of his Attention Deficit Hyperactivity Disorder (ADHD).

Attorney FitzGerald recommended that Diana apply for Legal Permanent Resident status through Cancellation of Removal/Deportation, also known as the “10 year law” (INA Section 240A(b)).  This law allows U.S. residency to be issued to an individual who:

• Has been in the U.S. for 10 years without a deportation/removal case,
• Has been a person of good moral character and not involved in criminal activity,
• Has an immediate family member (specifically a parent, spouse or child) with U.S. Citizenship or Residency who would suffer an extreme and exceptionally unusual hardship (because they have a “special condition” like ADHD), if the individual had to leave the U.S.

With the assistance of the immigration attorneys at FitzGerald Law Company, Diana filed an I-589 petition with USCIS. She was granted an Employment Authorization Document and within 1 year (processing times were faster at that time—now a case like this could take 7-9 years) she had completed her interview with USCIS and had her case filed with the Immigration Court. The Immigration Judge heard her testimony about how her child would suffer if Diana had to return to El Salvador and granted her Legal Permanent Resident status.

The above case story is just one example of how someone who is currently under TPS may qualify to apply for a U.S. Green Card.  Like this, there are many different scenarios (too many to explain or list), where a TPS holder could qualify for U.S. residency.  The best way to find out if you qualify is to review your case with an experienced immigration lawyer to learn what is your best option to remain legally in the U.S.  To schedule an appointment with one of our Boston TPS and immigration lawyers, call (617) 303-2600 (ext. 0).

Respectfully,

The FitzGerald Law Company Team

Successful track record serving the Massachusetts Community for over 20 years with all their legal needs in Immigration, Criminal and Personal Injury Law