Those in the U.S. without permission are often at risk of deportation, but one surprising fact is that some immigrants who lawfully live in the country may also be at risk. U.S. immigration allows some immigrants to enter the country for temporary reasons, such as disasters, wars, or violence, but they don’t often give these benefits permanently. If laws change, those on temporary immigration status may be at risk.
Potential Impacts of Changing Immigration Laws
For those without permanent status, changes in immigration laws always have the potential to fundamentally alter your plans for the future. If laws are changed, your legal status as a temporary resident or protected visitor to the country can disappear in an instant. Deportation becomes a significant risk if new regulations invalidate your current status and do not provide any alternative method or reasonable time to seek permanent residency.
While immigration officials can revoke a green card in some circumstances, there is minimal risk to someone who was honest on their application and becoming a lawful and productive member of society. The same, however, cannot be said for anyone in the country under temporary status. Even if you are an obvious asset to your community, deportation may be possible.
A Recent Example: TPS Changes for Haitians
Temporary Protected Status (TPS) is one form of temporary legal status for nationals from countries experiencing severe conditions, such as armed conflict or natural disasters. TPS for Haitians was originally designated after the devastating 2010 earthquake. However, the status of TPS has seen significant changes over the years, and those benefitting from the system are frequently unsure of what they can expect in the future.
In 2017, immigration officials announced the termination of TPS for Haitians, citing improved conditions in Haiti. This decision impacted nearly 60,000 Haitians who had been living and working legally in the U.S. Many faced the threat of deportation and the loss of their livelihoods without much time to prepare. Legal battles ensued, resulting in some temporary extensions, but the uncertainty caused widespread anxiety and instability among the Haitian community in the U.S.
In 2024, the new administration extended and redesignated TPS for Haitians for an additional 18 months, acknowledging the ongoing violence and humanitarian crisis in Haiti. This move protected approximately 200,000 Haitians currently under TPS and potentially extended protections to an additional 300,000 individuals. Despite this, deportation flights to Haiti have continued due to the specifics of who is covered by TPS and for what reason they left the country.
The fluctuating status of TPS is just one example of how those living in the U.S. under temporary programs remain at risk of potentially losing their immigration status. If you have good reasons to stay in the country, such as deep family ties and community involvement, it’s worth looking into more permanent placement options in the U.S.
Finding Permanent Residence with Legal Assistance
Permanent residency doesn’t always mean becoming a U.S. citizen, though that could be an option in the future. For more stability, those in the country, due to explicitly temporary programs like TPS, can look to gain residency by obtaining a green card through one of the many ways available.
One standard route to permanent residence is through family-sponsored visas. If you have a close relative who is a citizen or permanent resident, an attorney can help determine eligibility, see if you have good approval odds, and guide you through the application process. If you have already been in the U.S. through a temporary program and gained valuable skills and relationships in your profession, employment-based visas are another option, though this typically requires a sponsor from your company.
Even if you are eligible to apply for a green card, you can’t risk any mistakes that jeopardize your status. The expertise of immigration attorneys increases the likelihood of a successful outcome by preparing you for interviews and gathering evidence and documentation to show officials.
No matter your current immigration status, we can help you discover your options for permanent residency in the U.S. Contact Probinsky & Cole today to speak to a team member and learn more.
