A person
who has Temporary Protected Status (TPS) must re-register before his TPS
expires. USCIS will deny an application filed late.
Mrs. C of
Honduras was granted TPS in 1999, but after U.S. Citizenship and Immigration
Services (USCIS) approved the I-130 immigrant visa petition filed on her behalf
by her permanent resident husband, she failed to re-register. Years and years
went by.
In 2014,
Rodriguez & Moretzsohn, PLLC, helped Mrs. C ask USCIS to please excuse her failure
to timely apply for re-registration. Seven months later, USCIS issued a Notice
of Intent to Deny (NOID). Rodriguez & Moretzsohn, PLLC, helped Mrs. C respond.
Her failure to timely re-register was due to extraordinary circumstances beyond
her control. She misunderstood the interaction of her approved I-130 and her ongoing
need for TPS. She also relied to her detriment upon the erroneous belief that
the approved I-130 somehow protected her and gave her status in the U.S. (which
it didn’t).
