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Can immigration judge grant Temporary Protected Status outside of the registration & late registration periods?

San Diego, CA |

The TPS late registration period for Somalia ended on December 31, 2013. Person was in the US in a detention facility on the last day of the registration period and all through the late registration period. Is still detained. Was going to ask for asylum & withholding but that's a long shot.

Attorney Answers 5

Posted

No, an immigration judge has does not have the jurisdiction for that. TPS is within the exclusive jurisdiction of USCIS.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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On the USCIS website I saw the TPS can be granted by the judge. http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status# TPS Granted by an Immigration Judge or the Board of Immigration Appeals Step 1: If an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted you TPS, you must provide USCIS with proof of the TPS grant (such as a final order from the IJ or final decision from the BIA) when you file for your first TPS benefit (such as an EAD, travel authorization, or with your first TPS re-registration application filed with USCIS). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved. Step 2: See the table below for filing information based on the first TPS benefit you are requesting after an IJ or BIA granted you TPS.

Posted

You have to file the application with the USCIS.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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On the USCIS website I saw the TPS can be granted by the judge. http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status# TPS Granted by an Immigration Judge or the Board of Immigration Appeals Step 1: If an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted you TPS, you must provide USCIS with proof of the TPS grant (such as a final order from the IJ or final decision from the BIA) when you file for your first TPS benefit (such as an EAD, travel authorization, or with your first TPS re-registration application filed with USCIS). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved. etc It looks to me like the judge can grant TPS, right?

Posted

TPS is within the jurisdiction of USCIS, not the immigration judge.

Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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On the USCIS website I saw that TPS can be granted by the judge. http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status# TPS Granted by an Immigration Judge or the Board of Immigration Appeals Step 1: If an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted you TPS, you must provide USCIS with proof of the TPS grant (such as a final order from the IJ or final decision from the BIA) when you file for your first TPS benefit (such as an EAD, travel authorization, or with your first TPS re-registration application filed with USCIS). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved. Doesn't that mean the judge can grant TPS?

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

The Immigration Judge may review a TPS application.

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Posted

Thank you for answering!

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

You're welcome.

Posted

You can only apply for TPS with USCIS. An immigration judge doesn't have jurisdiction over TPS.

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On the USCIS website I saw the TPS can be granted by the judge. http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status# TPS Granted by an Immigration Judge or the Board of Immigration Appeals Step 1: If an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted you TPS, you must provide USCIS with proof of the TPS grant (such as a final order from the IJ or final decision from the BIA) when you file for your first TPS benefit (such as an EAD, travel authorization, or with your first TPS re-registration application filed with USCIS). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved. It looks like the judge CAN grant TPS, what do you think?

Posted

You can assert TPS eligibility as a defense in removal proceedings before the IJ. Have an immigration attorney represent you.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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