Can I Obtain a Lawful Admission if I Travel Using TPS Travel Authorization?
On July 1, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum announcing a new pathway for persons granted Temporary Protected Status (TPS) to travel outside the United States and be readmitted in a legal status that would allow them, in certain circumstances, to qualify for lawful permanent residency.
This may be great news for you and your loved ones! The new regulation is written in an attempt to make all regulations consistent and clear for those affected by its governance. TPS has been available for noncitizens from certain countries since 1990 and offers temporary protection by the Secretary of Homeland Security for individuals from those countries, primarily where armed conflicts and environmental disasters are factors, though other extenuating circumstances may cause eligibility. TPS provides protection for individuals physically present in the US from DHS and additionally allows permission to travel abroad and regain admittance into the US.
Effective July 1, 2022, TPS holders may seek travel authorization from USCIS by requesting issuance of a “TPS Travel Authorization” on the newly created Form I-512T.
What is Form I-512T?
Form I-512T is a type of travel document for TPS beneficiaries. At this time, TPS beneficiaries requesting a Form I-512T travel document must complete and submit the same form they previously used in applying for advance parole, i.e., Form I-131 Application for Travel Document. It is important to note that those TPS beneficiaries who previously received advance parole may still travel on that document and will be treated upon return as having been inspected and admitted. It is particularly critical that TPS beneficiaries consider their individual immigration history before departing from the United States.
The new regulations may certainly benefit you. Be informed and mindful of policies, procedures and protocols. At Hurtubise Weber Law, our office is ready to assist you with any family-based immigration and visa services. Visit our website or call our offices in San Jose 650-691-8370
or San Francisco 415-413-8760.