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Certain TPS applicants will not be able to apply for residency.

The doors to Permanent Residency are closed to those with Temporary Protected Status (TPS) who entered the U.S. illegally.

The Justices of the U.S. Supreme Court recently made the unanimous decision that undocumented immigrants under TPS protection cannot apply for permanent residency, since the Immigration and Nationality Act states that: “An alien may obtain Permanent Residence if he entered the country legally”; in this sense the Magistrates of the Highest Court of Justice took into consideration the case of the Salvadoran Jose Santos Sanchez, who became a beneficiary of TPS, but his petition for Residence was rejected by the US Citizenship and Immigration Services; therefore the Supreme Court Justices concluded that Mr. Sanchez cannot become a Permanent Resident, since he did not enter legally and his TPS does not eliminate the effect of this illegal entry.

It is good to inform our readers who have TPS, that this decision of the Supreme Court has no effect on their TPS Temporary Protected Status nor on their Work Permit, regardless if they entered the US legally or not; what is good to keep in mind is that if their last entry to the US was with a Visa, the person has therefore a legal entry, which can be used for the purpose of obtaining immigration benefits.

If you have any questions on this subject, please do not hesitate to call us and we will be glad to assist you, as always.

Greetings!

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