Essential Steps to Protect Your Immigration Status
Overview: Understanding the Travel Ban and TPS Changes
Our U.S. immigration lawyers are actively assisting clients affected by recent travel restrictions and Temporary Protected Status (TPS) terminations. If you are a national of Burma (Myanmar), Venezuela, Haiti, or other designated countries, understanding these policy changes is critical to maintaining your legal status in the United States.
What Is at Stake: The Unlawful Presence Penalty
If your immigration status depends on TPS, a pending asylum case, OPT, or another temporary visa, failing to maintain lawful status can trigger severe penalties:
- 3-year bar: For 180+ days of unlawful presence
- 10-year bar: For 365+ days of unlawful presence
These bars are codified under INA § 212(a)(9)(B) and prevent you from reentering the United States for the specified period.
Unlawful presence begins the day after your authorized stay expires.
Real-World Impact: How the Travel Ban Affects Nationals
Case Example: A Burmese National’s Dilemma
Many Burmese nationals currently face urgent immigration challenges. Consider this scenario:
Client Profile:
- Pending asylum application
- TPS protection expiring in early 2026
- Subject to the 2025 Presidential travel ban
The Challenge: While Burma’s TPS designation has been extended and redesignated multiple times, recent DHS actions indicate potential phase-outs with minimal advance notice while pausing processing of various immigration benefits. So below are three critical steps to help you navigate the cross section of these two legal challenges with experienced immigration legal attorney(s).
Three Critical Steps to Protect Your Immigration Status
Step 1: Consult an Immigration Attorney Immediately
Why timing matters:
TPS programs operate on strict Federal Register deadlines that control:
- End dates for TPS designations
- EAD auto-extension periods
- Re-registration windows
- Work authorization validity
Missing a single deadline can:
- Terminate your work authorization
- Begin accrual of unlawful presence
- Eliminate future immigration options
Immigration laws are constantly changing and understanding the full impact requires legal counsel. For instance, here are just a couple recent TPS Termination and Extension Notices just within the last few months:
Our Solution: Experienced immigration lawyers at our firm: Calculate your precise deadline dates; Identify and screen all visa categories; and file timely applications to prevent status gaps.
Step 2: Explore Bridge-of-Status Strategies to Prevent Unlawful Presence
Critical Distinction: Even with travel bans in effect, you may still file a change of status application with USCIS from inside the United States.
The travel ban restricts:
- ✗ Visa issuance at U.S. consulates abroad
- ✗ Entry/admission at U.S. ports of entry
The travel ban does NOT restrict:
- ✓ Change of status filings within the U.S.
- ✓ Extension of status applications
- ✓ Adjustment of status applications (in most cases)
Bridge Strategy Examples:
For TPS holders:
- Change to H-1B status (employment-based)
- Change to F-1 status (student visa)
- Family-based adjustment of status
- Other nonimmigrant visa categories
For OPT holders:
- H-1B cap-subject filing (April lottery)
- H-1B cap-exempt positions (universities, nonprofits)
- O-1 extraordinary ability visa
- Marriage-based adjustment of status
Goal of Bridge Strategies: Ensure continuous lawful presence with no gaps that could trigger unlawful presence accrual.
Step 3: Develop Both a Primary Plan and Backup Plans
Immigration policies are changing at unprecedented speed. A comprehensive strategy requires:
Primary Plan Options:
- Timely TPS re-registration (if extension announced)
- Change of status to B-1, B-2, H-1B, L-1, O-1, to name a few
- Adjustment of status through family or employment
- Asylum application (if eligible and not yet filed)
Backup Plan Options:
- Alternative visa classifications
- Pursuing different family-based pathways
- Employment with cap or cap-exempt H-1B employers
- Student visa as bridge to other status
- B-1, B-2, Tourist Vistor Visa
Every Plan Must Account For:
- Unlawful presence rules under INA § 212(a)(9)(B)
- Grace periods (if any)
- Processing times for USCIS applications
- EAD renewal timing
Countries Currently Affected by Travel Restrictions and TPS Changes
TPS Designations Under Review or Terminated:
- Burma (Myanmar)
- Venezuela
- Haiti
- El Salvador
- Honduras
- Nicaragua
- Nepal
- Sudan
Travel Ban Countries (2025 Proclamation):
- Burma (Myanmar)
- Venezuela
- Haiti
- [Additional countries as specified in Presidential Proclamation]
Check your country’s current status: Policy changes occur rapidly, sometimes with only days’ notice before implementation.
Why Early Planning Is Essential: The Current Immigration Landscape
Unprecedented Policy Shifts
Immigration policy is changing at an accelerated pace in 2025:
Speed of Changes:
- TPS terminations announced with 60-120 days’ notice
- Travel bans implemented via executive order
- Federal Register notices published with immediate or near-immediate effect dates
Consequences of Delay:
- Windows for TPS re-registration close quickly
- Change of status applications require preparation time
- USCIS processing times vary (3-12+ months depending on category)
- Unlawful presence accrues daily once status expires
Who Needs to Act Now
You should consult an immigration attorney immediately if:
- Your TPS expires in 2025 or 2026
- You are from a travel ban designated country
- Your asylum case has been pending for years
- Your OPT or work visa expires within 6 months
- You have received a Notice to Appear (NTA) for removal proceedings
- Your EAD is expiring and no auto-extension has been announced
Common Questions About Travel Bans and TPS
Can I travel outside the U.S. if I have TPS?
TPS holders can apply for advance parole to travel, but current travel bans may affect reentry. Consult an attorney before making any international travel plans.
Does the travel ban cancel my existing visa?
No. The travel ban typically affects new visa issuance and admission at ports of entry, not existing status within the United States.
What happens if my TPS expires and no extension is announced?
You must file for an alternative status before your TPS end date to avoid unlawful presence. Do not wait for an extension announcement.
Can I still adjust status to permanent residence if I’m from a banned country?
Generally yes, if you are already in the United States and meet all eligibility requirements. The travel ban affects consular processing abroad, not USCIS adjustment applications filed domestically.
Take Action: Protect Your Immigration Status Today
Immediate Action Items With An Immigration Lawyer:
- ☐ Schedule consultation with an immigration attorney
- ☐ Gather all immigration documents (passport, I-94, EAD, visa stamps)
- ☐ Calculate your current status expiration date
- ☐ Check Federal Register for latest TPS notices
- ☐ Identify all potential visa categories you may qualify for
- ☐ Begin gathering supporting documents for change of status
- ☐ Review employment authorization options
- ☐ Develop timeline for application filing
- ☐ Monitor Federal Register for policy updates
- ☐ Stay in contact with your immigration attorney
- ☐ Maintain copies of all filed applications
- ☐ Track USCIS case status regularly
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703) 966-0907. B&E Capital – Vassell Law Group, PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA).