Posted by: wonton April 15, 2025
TPS expiration
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If you’ve assessed all possible immigration pathways—family-based, employment-based, humanitarian, asylum—and none apply or are feasible, it can feel overwhelming. But you still have a few critical choices and rights to understand. Here’s what happens and what you can do, even when options seem limited.

⚖️ What Happens If TPS Expires and No Other Option Exists?
If TPS ends and you:

Are not in another valid status,

Don't qualify for adjustment, asylum, or any waiver,

Don’t have a petition pending,

Then you revert to being “removable” (subject to deportation). However, removal doesn’t happen instantly, and you are still entitled to due process.

🧩 Realistic Paths Even Without Clear Status
1. You’re Not Automatically Deported
ICE usually does not prioritize low-risk TPS holders unless involved in criminal activity.

If placed in removal proceedings, you still go before an immigration judge who can assess any forms of relief you may qualify for—even those you didn’t think of.

2. Stay Prepared with a Legal Strategy
Even if there’s no path today, that could change due to:

New legislation or TPS redesignation

Changes in case law or executive orders

Family status changes (e.g., you marry a USC or your child turns 21)

Keep these documents updated:

Passport and national ID

Records of entry, visas, I-94

Work history, tax records, school certificates

Character references

These are useful if relief opens up later, or if you're applying for cancellation of removal.

3. Cancellation of Removal (10-Year Rule)
If you're placed in removal proceedings, you might apply for:

Cancellation of removal for non-LPRs under INA 240A(b), IF:

You’ve been physically present in the U.S. for at least 10 years,

Have good moral character,

Can prove exceptional and extremely unusual hardship to a U.S. citizen/LPR spouse, parent, or child.

This is hard to win, but some Nepali TPS holders have received green cards this way through strong hardship claims.

4. Voluntary Departure (If Absolutely No Relief)
If no defense works and you're ordered removed, you can sometimes request:

Voluntary Departure, which:

Avoids a formal deportation record,

May allow you to reapply in the future with a clean slate,

Lets you leave on your own terms within a timeframe.

Still has consequences—but better than being physically deported.

📢 Final Note: You Still Have Rights
Even undocumented, you still:

Have the right to an immigration hearing

Can apply for relief before a judge

Can seek legal representation

Cannot be forcibly removed without due process

🙏 Emotional and Practical Tips
Stay informed, not frozen—immigration law shifts fast.

Stay connected to immigration nonprofits, community centers, or legal aid groups.

Consider creating an emergency plan (power of attorney, child care instructions, trusted contacts).

Keep digital and physical records of your time in the U.S.
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