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Supreme Court rules on permanent residency

| Jul 9, 2021 | Uncategorized

Did you move to Kentucky from another country? Many current residents are working with the immigration system to become permanent residents. It is the step required before applying for naturalization. Recently, the Supreme Court clarified several aspects of permanent residency.

Humanitarian refugees will not become permanent residents

TPS stands for Temporary Protected Status. This is the designation given to many people who arrived here after fleeing their countries due to war or natural disaster. The Supreme Court recently took up the question of whether 400,000 individuals who fled to the United States for humanitarian reasons had actually entered the country illegally. At this time, they enjoy a Temporary Protected Status. They cannot be deported, but this recent ruling prevents them from receiving permanent residency. These people do have rights that the law recognizes. In fact, anyone with TPS status has permission to work in this country. Even so, they may not receive a green card.

TPS does not equal lawful admission into the country

A case came before the Supreme Court that raised the question of whether this status meant that the country had lawfully admitted the person in question. The justices found that this status turns the humanitarian refugee into a nonimmigrant. While the decision does protect these foreign nationals from deportation, it puts them in the precarious position of having only limited privileges and rights. In addition, because many cannot return to their home countries, it leaves some of them without a permanent home.

The ruling affects migrants coming from Haiti, Honduras, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela and Yemen. Unless Congress acts and amends the immigration law to remove the obstacle to permanent residency, they will likely remain in this status.

If you are dealing with an immigration issue right now, you know that it can be quite confusing. Speaking to a lawyer could help you make sense of the system and chart your course.