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
- After Texas "human trafficking crime," Lt. Gov. Patrick lauds sanctuary city law
- South Sudan sexual violence on 'massive scale,' report says
- Gaza border to reopen in weeks, exiled leader says
- How smugglers use trucks with sometimes deadly results
- Statement By Secretary John F. Kelly On Texas Smuggling Incident
- USCIS Releases New Form I-9 Dated July 17, 2017
- Supreme Court Partially Reinstates Executive Order on Travel
- DACA (“DREAMers”) Program Still in Effect, But DAPA Rescinded; Trump Delays Enforcement of Executive Order on Travel
- I-9 Compliance & H-1B, H-4 Visa Changes in Trump’s 1st 100 Days
- How Do Recent Government Announcements and Actions Affect the H-1B Visa Program?