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

Asked 7 months ago - 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)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  2. Daniel Patrick Hanlon

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Mary Carmen Remigio Madrid-Crost

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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... more
  4. Paul Christopher Hannaford

    Contributor Level 14

    2

    Lawyers agree

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

  5. Gunda Johanna Brost

    Pro

    Contributor Level 20

    Answered . 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... more

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