Should I apply for TPS while in Removal Proceedings?
This is general legal education and should not be taken as legal advice. It’s always best to speak with a lawyer to discuss YOUR specific case. Contact the Cameroon Advocacy Network via our website, social media, or hotline number to get assistance with your TPS application.
- Should you still apply for TPS if i already applied for asylum? Or will TPS negatively affect your asylum case?
- First question, should I apply for TPS while in Removal or deportation Proceedings before an immigration judge? or should I apply for TPS while my asylum case is pending?
- What do I mean by removal proceedings? Also known as deportation proceedings, This is when an immigration judge is ruling on your case and deciding whether you can stay in the United States. If you currently have a case before an immigration judge, you CAN still be granted TPS. US Citizenship and Immigration Services (or USCIS, the government agency in charge of TPS and asylum) can approve your application for TPS or for asylum even if you are in Removal Proceedings, have a pending asylum case, or if you have a final order of removal or deportation from an immigration judge.
- If you are currently in Removal Proceedings and have applied for TPS, the recommendation is to reach out to the lawyers at Immigration and Customs Enforcement (or ICE) – specifically its Office of Principal Legal Adviser (or OPLA) – and request that they dismiss your case or join you in asking the immigration judge to administratively close your case. This request should include information about your eligibility for TPS. If for some reason OPLA does not agree to join you in a motion to administratively close your case, you can also file what is called a “motion for continuance” or a “motion for administrative closure.” This takes your case off the immigration court calendar so you can reapply for TPS or other forms of relief from deportation within a reasonable time.
- If you are in removal proceedings before an Immigration Judge and you have been denied TPS by USCIS (maybe because you failed to submit enough identifying documents or proof of physical presence in the U.S. since the date of when TPS was designated for your country). You can request a de no·vo review from the immigration court on your denied TPS application and an Immigration Judge may then decide whether to approve your TPS application.
- The last example is if you are in Removal Proceedings for asylum and you prefer to stay in Removal Proceedings rather than apply for TPS because you are pursuing a more permanent form of relief to stay in the United States (and you have a good case) instead of TPS, which is a temporary form of relief to stay in the US that can only be extended or redesignated but is not permanent.
- Should you still apply for TPS or will it negatively affect your asylum case?
There is no downside to applying for TPS based on a court case called Matter of SOSA VENTURA. In this case, the Board of Immigration Appeals ruled that a grant of TPS waives certain grounds for deportation and permits an immigrant to remain and work temporarily in the United States for the period of time that TPS is effective, while the removal proceedings themselves should not be terminated.
- What do I mean by removal proceedings? Also known as deportation proceedings, This is when an immigration judge is ruling on your case and deciding whether you can stay in the United States. If you currently have a case before an immigration judge, you CAN still be granted TPS. US Citizenship and Immigration Services (or USCIS, the government agency in charge of TPS and asylum) can approve your application for TPS or for asylum even if you are in Removal Proceedings, have a pending asylum case, or if you have a final order of removal or deportation from an immigration judge.
Recently, the Department of Homeland Security (DHS) tried to terminate certain cases such as dismissing your asylum case from the immigration court. You could hold off on applying for TPS and then be eligible to apply through “late initial registration.” If you have a pending asylum application, you could apply for TPS through late initial registration, which would be after the initial registration period.
Remember that each case is different, so we strongly recommend you speak to your lawyer before moving forward with your application. You can contact Cameroon Advocacy Network via our website, Social media, or hotline number to get assistance with your TPS application.
English 
French