TPS and DACA beneficiaries face increased immigration uncertainty

Beneficiaries of Temporary Protected Status (TPS) and DACA face increased legal and travel uncertainties in the United States following recent regulatory shifts and judicial decisions.

A decision by the Board of Immigration Appeals (BIA) has altered the implications of using advance parole. Previously, traveling with this permit did not necessarily trigger sanctions related to prior unlawful presence. However, under the new landscape, individuals who accumulated more than 180 days of unlawful presence may face re-entry bans of three to 10 years upon leaving the country, even with valid travel authorization.

Immigration experts note that this change places thousands of people in precarious positions, particularly those seeking permanent residency through family petitions. Additionally, U.S. Citizenship and Immigration Services (USCIS) clarifies that advance parole does not guarantee re-entry, as the final decision rests with Customs and Border Protection (CBP) officers at ports of entry.

For those with TPS, alternative legal pathways to remain in the U.S. include family-based petitions. U.S. citizens can petition for parents as immediate relatives, which avoids long visa waiting periods. Spouses of U.S. citizens also have direct routes to regularization, while petitions from permanent residents involve different preference categories and potential waiting times.