Miami.- When the temporary protection status (TPS) expires or is not extended, As happened with the case of Venezuelans, a pending asylum application, previously submitted, allows the person to remain in the United States, while the case is resolved, but you have to be patient to obtain an answer, because the agencies in charge of the matter present a high volume of files to be reviewed, said María Herrera Melladoexpert in migratory issues.
The application must have made on time, either before the citizenship and immigration service of the United States (USCIS) or in an immigration court under the Executive Case Review Office of immigration (Eoir).
Although The person loses the benefits of TPS (including any work authorization linked to that migratory program), The pending asylum application avoids the accumulation of “illegal presence” During the time that the case is pending, he clarified.
Legal limbo
Nevertheless, The juristpartner of the firm Kivakilawfirm, said that the “immigrant is in a kind of” limbo “because it is not completely in a recognized legal status, but also does not accumulate illegal presence, provided that the asylum application has been submitted on time and finally is approved. “
However, since the TPS has expired, If the asylum application is deniedthe person will no longer have any form of protected status. But, if that happens, the expert lists some aspects to consider:
Deportation procedures
A denial of asylum generally means that the person will be subject to deportation procedures. At that time, if you have accumulated illegal presence or if there are other reasons of inadmissibility, you may seek additional relief such as:
Exemptions: If denial generates barriers for readmission or adjustment (for example, due to a previous illegal presence), the person could request an exemption to overcome those barriers. Exemptions are discretionary And, generally, they need to demonstrate an extreme difficulty or meet the legal criteria, especially the relationship with American relatives, in the case of marriage.
Asylum out of time?
When consulted on whether Venezuelans can apply to asylum in these 60 days that pass until the culmination of legal status on April 7 And deportation orders are activated, he said that people can always argue their case and justify that for a greater cause they could not make the asylum application in the expected legal time.
He explained that TPS beneficiaries whose status has expired due to US government actions can still request asylumeven if it has passed more than a year since its arrival. Asylum seekers must submit their application within the first year of their entry to the US, But there are exceptions to this rule.
One of the key exceptions is that of “extraordinary circumstances”, which can apply if:
- The individual maintained a legal status (like TPS) until its expiration.
- The asylum application is submitted within a reasonable period after the TPS expires.
“If a former TPS beneficiary requests asylum under these conditions, You must explain how the TPS prevented you from submitting the application before And why he is presenting it now. However, asylum is discretionary and each case is evaluated according to its own merits, ”argued Herrera Mellado.
Appeals: In the Immigration Court, the decision can be appealed. An appeal (or a motion to reopen/reconsider) could delay deportation if there are reasons for challenge the denial of asylum.
Accumulation of legal presence
During the TPS and the pending asylum: When a person has TPS, he is in a legal status. Once the TPS expires, if you have a pending asylum application, that request “stops” the accumulation of illegal presence during that period. However, pending asylum does not become Complete legal presence.
Many applicants report significant delays and difficulties in obtaining timely responses from both USCIS and Eoir, regarding the state of their asylum cases or deportation procedures. Here other aspects to consider:
Delays and accumulation of cases: Both agencies are experiencing a high volume of cases, which often results in prolonged processing times and delays in responding to consultations. This is a common problem that many applicants face.
Case consultations: Applicants sometimes find that their requests for updates or clarifications are left unanswered for prolonged periods. The processing deadlines indicated on the websites The agencies are estimated and real processing may take more than expected.
Impact on applicants: Due to these delays, many immigrants may have to wait for a considerable period without receiving confirmation that their case is actively processed. This uncertainty can cause significant stress and difficulties.
Variability: Delays can vary widely depending on the type of case: the location of the office in charge or the immigration court and the policies or problems of current personnel. Some cases can advance faster That others, but, in general, delays are a well documented problem.
“Although These delays are frustratingUnfortunately they are a common part of the current immigration process. It is important to keep records of all communications and remain informed through the official channels of the USCIS and EOIR ”, María Herrera Mellado concluded.
