On June 7, the Supreme Court ruled that TPS beneficiaries cannot apply for the lawful permanent residence if they entered the U.S. illegally.
The case is called Sanchez v. Mayorkas, was brought to the Supreme Court by Jose Sanchez and Sonia Gonzalez. They entered the United States in 1990 from their native country, El Salvador. Do not entered legally. They received TPS because of the large earthquakes in El Salvador in 2001. When they applied for lawful permanent residence in the US, they were denied.
They were denied because of their illegal entry into the US. The Supreme Court decided that status legal and legal admission are separate concepts. Sanchez and Gonzalez are in the United States legally, but entered illegally. Therefore, they are not eligible for lawful permanent residence. Judge Kagan wrote “because a grant from T.P.S. does not come with an admission ticket, it does not remove the disqualifying effect of an illegal entry. "The decision was unanimous.
The precedent could affect thousands of people who entered the U.S. illegally and have T.P.S .. USCIS gives Temporary Protected Status (TPS) to immigrants coming from countries with armed conflict, environmental disasters, or other extreme and temporary conditions. It is temporary. On the other hand, legal permanent residence is indefinite.
For many people, the decision was not a surprise because of the word in the name of T.P.S., "temporary." However, the decision has a great impact on the beneficiaries of T.P.S. that they hope to receive a green card.
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Mil Mujeres's mission is to support people with bilingual legal services. If you want to know more about T.P.S. or permanent legal status, do not hesitate to contact us. We are here to support you.