Quelles sont les options légales des migrants qui ont perdu leur TPS aux États-Unis, selon les avocats

The loss of Temporary Protected Status (TPS) in the United States does not automatically require individuals to leave the country, though they must quickly assess whether other immigration pathways remain available. Legal experts emphasize that while each case depends on factors such as the individual’s history, entry method into the U.S., and family circumstances, there are several potential options for those who lose their TPS designation. When a TPS designation expires, beneficiaries typically revert to the immigration status they held before receiving the protection. In general, the work authorization linked to TPS also expires unless there is an automatic extension, a court order, or another valid employment authorization. Byron Donalds, a federal judge, has stated that he will deport migrants whose TPS benefits have expired. However, continued presence in the U.S. depends on having another legal basis for remaining in the country. According to the law firm Paniotto Law, losing TPS does not necessarily mean that leaving the U.S. is the only option. The firm explains that some beneficiaries could apply for a change of status to certain non-immigrant statuses, such as student or work visas, provided they meet the required criteria and submit the necessary documentation in a timely manner. The legal resource portal Nolo notes that the U.S. government sets an expiration date for each TPS designation, and renewals are not guaranteed. It also highlights that individuals with concurrent legal immigration status may retain that benefit even after TPS ends, provided they meet the conditions of both programs. One of the primary alternatives suggested by legal specialists is obtaining permanent residency through a family-based petition. If someone is married to a U.S. citizen or has a child who is a citizen over the age of 21, they may initiate a migration process in their favor. Firms like Paniotto Law and Nolo stress that there are legal mechanisms for changing status based on the applicant's history. However, the possibility of completing the process within the U.S. or from a consulate depends on how the person originally entered the country and their immigration record. Another alternative may arise through employer sponsorship. Some workers can access visas sponsored by employers or begin a process to obtain permanent residency through labor certifications. According to the sources consulted, these procedures require demonstrating that all legal requirements for each immigration category are met. Nolo’s analysis also points out that some beneficiaries might request a change to specific non-immigrant statuses, such as study or work visas. However, it clarifies that there are significant limitations for those who entered the country without inspection. The firm recalls that the Supreme Court’s ruling in Sanchez v. Mayorkas determined that TPS alone does not constitute legal admission for purposes of certain adjustment-of-status processes. Legal professionals also mention asylum as another possible avenue. This protection is available to those who can demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. While this option exists, it requires meeting strict eligibility criteria and presenting compelling evidence.