Skip to main content

Does the "deemed export" rule apply to individuals granted a Temporary Protected Status (TPS)?

Seattle, WA |

Certain counties, such Syria and Sudan, are considered export controlled or embargoed countries. However, these countries are designated for TPS.
The Deemed Export rule does not apply to a foreign national who (3) is granted status as a "protected person". Is a person granted TPS considered a "protected person" for export control purposes?

Particularly, does the “Protected individual” definition in 8 U.S.C. 1324b(a)(3) include TPS holders?

Attorney Answers 3

Posted

Interesting question.

But ... it is not an immigration question.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

The deemed export rule specifically excludes individuals who are granted "protected person" status under 8 U.S.C. 1324b(a)(3). So the questions becomes, does the “Protected individual” definition in 8 U.S.C. 1324b(a)(3) include TPS holders?

F. J. Capriotti III

F. J. Capriotti III

Posted

Again, this is still not a US Immigration Law question. It is an export control question ... check with a customs attorney, not an immigration attorney.

Posted

This more a US Customs question. Direct your inquiry to that type of attorney.

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

The deemed export rule specifically excludes individuals who are granted "protected person" status under 8 U.S.C. 1324b(a)(3). So the questions becomes, does the “Protected individual” definition in 8 U.S.C. 1324b(a)(3) include TPS holders?

Posted

Persons with protected status (USC, LPRs and those with protected status) are exempt from the deemed export rule.

Mark as helpful

1 found this helpful

2 lawyers agree

2 comments

Asker

Posted

Does the exemption include Temporary Protected Status holders? http://www.uscis.gov/tps

Maria J. Marty

Maria J. Marty

Posted

Protected individual is defined by 8 USC 1324b(a)3. You have to have been admitted for permanent residence under section 1160(a), 1255a(a)1, 1157, or 1158. TPS is based on section 1254a so it would appear that you are not a protected individual. You should find an expert in that specific area or ask the Bureau of Industry and Security for an advisory opinion. There is a form you can fill in online.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics