The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary Protected Status (TPS). In the case, two sisters from El Salvador sought TPS based, in part, on the physical presence of their mother. One of the requirements for TPS is that the foreign national demonstrate continuous physical presence in the US since the most recent designation date for the individual’s home country. In Duarte-Luna, the mother was physically present on the designation date, but the minor children did not arrive in the U.S. until two years later. In some cases, such as those involving abandonment of permanent residence, a parent’s residence can be imputed to minor children. However, the BIA held that physical presence could not be imputed for TPS purposes, as there was a distinction between matters involving “state of mind,” such as one’s residence or domicile, and objective facts, such as physical presence.
Want to stay informed?
Subscribe to our blogs & advisoriessign up here
- U.S. House of Representatives Passes Continuing Resolution to Fund Government and Extend EB-5
- DHS 'caught by surprise' by President Trump's original travel ban
- Becoming a mother in a Rohingya refugee camp
- Super Bowl Live adds acts, sets schedule for Nicollet Mall concerts
- European watchdog: More migrants heading to Spain by sea
- Immigration Crackdown – Are You Ready?
- USCIS Resumes Processing of DACA Renewal Applications Following Federal Court Order
- DHS to Terminate Temporary Protected Status for Haitians in 18 Months
- My I-751 Conditional Residence Removal Case is Pending for Too Long. How Do I Prove My Lawful Status?
- Recent Developments Related to Travel Restrictions for Nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela & Yemen