Immigrant Daily

USCIS’ Guidance Memo on TPS Policy

The U.S. Citizenship and Immigration Services (USCIS) have issued a guidance memorandum on January 17, 2010 to its field officers on adjudication of Temporary Protected Status (TPS) applications and administrative appeals in cases involving aliens convicted of certain minor New York traffic infractions or violations. The USCIS Associate Director Donald Neufled has asked the adjudicating officers not to deny any TPS application, or TPS administrative appeal, where only basis for the denial would be the alien’s conviction of two or more New York “traffic infractions,” or New York “violations,” as defined by New York PENAL LAW. Similarly, TPS applications and administrative appeals should not be denied where the only basis would be the alien’s conviction for minor violations of local town, city or country laws and ordinances in New York where such violations are not termed “misdemeanors” by the local governing entity.

For a copy of memo, please follow the link: USCIS’ Guidance Memo on TPS Policy