I'm a 24 yr old male from Honduras, entered the country illegaly as a baby in 1987 with my parents.
Have never left the country, No Criminal Record, Never been arrested, Clean record etc.
In 1998,1999 and 2000 we were Granted TPS (Temporary legal status), but after that my mother stopped renewing it every year and never bothered to get me an I.D. card so when i tried to apply for work permit I-765 i was denied because i couldn't take biometrics due to lack of I.D.
Ever since i have applied and always been denied : 2002,2003,2005,2008,2010
What are my chances of being able to get my TPS back?
I was denied again a week ago and have the option to file a Motion to reconsider,reopen, or an Appeal
which is recommended?When i received the Denial letter it stated the Reason for Denial as the Following: "On July 11, 2011 USCIS received your response that included evidence of your residence and continuous presence in U.S. for the years 1997 through 1999, 2001,2004,2011. No evidence of the qualifying condition that made you eligible to file a late application for TPS was submitted" "The evidence you submitted does NOT establish that you are a national of Honduras" "The evidence you submitted does NOT establish that you have continuously resided in U.S. since December 30, 1998" "The evidence you submitted does NOT establish that you have been continuously physically present in the U.S. from January 5, 1999 to the date of filing your application" "The evidence you submitted does NOT establish that you are eligible to take advantage of the late registration provisions of the TPS regulation."
It will depend on the reason why your mother did not renew her TPS. In your motion to reopen/reconsider you will need to show that you failed to reregister through no fault of your own and that you were otherwise eligible to receive TPS. Recently we had a very similar scenario with one of our clients from El Salvador. He requested TPS in 2001, it was granted but he never bother to renew. Just like in your case, his EAD was denied numerous times but we were able to reopen his case. Today he is a TPS holder.
I agree with my colleague and also I suggest retaining an immigration attorney with experience in reopening TPS cases. It will be well worth it.
I agree with Attorney Guerra.
713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full details of the case.
Attorney Guerra has provided an excellent comment to your posting.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
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