Friday, April 10, 2015

TPS Re-Registration Approved – Even Though Filed Many Years Late!

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).

Thankfully, USCIS approved her TPS re-registration – even though filed many years late.

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