For many TPS holders, the uncertainty around immigration status brings one major question to the surface: What happens to everything I’ve worked for in the United States if I have to leave? Your home. Your property. Your family’s security.

The good news is this: leaving the country does not mean losing your property. However, without proper planning, managing that property—and protecting your loved ones—can become complicated very quickly.

Property Ownership Does Not Depend on Immigration Status

TPS holders and non-citizens are legally allowed to own property in the United States. Your immigration status does not cancel ownership rights. The real issue is not whether you can own property, but who can manage it if you are no longer here.

That’s where planning becomes essential.

Why a Power of Attorney Matters

If you need to leave the U.S., a Power of Attorney (POA) allows someone you trust to step in and handle important matters on your behalf. This may include paying property taxes, managing rental income, maintaining or selling real estate, and handling financial or legal issues.

Without a POA, even simple tasks can require court approval, causing delays and unnecessary stress for your family.

Planning for Your Children Is Just as Important

For parents, the concern often goes beyond property. A Power of Attorney for children allows a trusted adult to temporarily make decisions related to medical care, school, and daily needs. This document does not terminate parental rights, but it ensures your children are protected and cared for if you are unavailable or outside the country.

The Role of a Will

A Last Will and Testament allows you to decide who inherits your property and who will handle your affairs after your passing. Without a will, state law—not you—decides how your property is distributed. This can be especially difficult when family members live outside the U.S. or when family structures are complex.

Why Some TPS Holders Choose a Revocable Trust

For added protection, many clients consider a revocable living trust. A trust can make it easier to manage property from abroad and often helps families avoid probate court altogether. It also allows property to transfer more smoothly to loved ones, saving time, money, and emotional strain.

What If There Is No Estate Plan?

Without any estate plan in place, your property may go through probate, a court-supervised process that can be lengthy and costly. Probate can be especially challenging for families living overseas, who may face delays, paperwork issues, and additional legal expenses.

Planning Brings Peace of Mind

TPS changes can feel overwhelming, but your future does not have to be uncertain. With the right legal documents in place, your property, your children, and your family can remain protected—no matter where life takes you.

Speaking with an attorney who understands both estate planning and immigrant concerns is one of the most important steps you can take to protect what you’ve built. Schedule a consultation with us today. 

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.