Temporary Protected Status
If you are a foreign born national who is unable to return to their home country safely due to conditions or circumstances preventing their country from adequately handling their return, you can apply for temporary protected status, also known as TPS.
Who is eligible for temporary protected status?
In order to qualify for TPS, an individual must:
- Be a national of the foreign country with a TPS designation (or if stateless, have last habitually resided in a country with a TPS designation);
- Be continuously physically present in the United States since the effective date of designation;
- Have continuously resided in the United States since a date specified by the Secretary of Homeland Security; and
- Not be inadmissible to the United States or be barred from asylum for certain criminal or national security-related reasons, such as individuals who have been convicted of any felony or two or more misdemeanors.
Nationals of a designated country do not automatically receive TPS, but instead must register during a specific registration period and pay significant fees. In addition, an individual’s immigration status at the time of application for TPS has no effect on one’s eligibility, nor does the previous issuance of an order of removal.
How to apply for temporary protected status?
The truth about U.S. immigration is that many potential immigrants are not clear about everything required of them during the process, and this lack of information can become a barrier to get into the country and staying there legally.
Don’t let poor or insufficient legal representation be the reason you or your loved ones have to be uprooted from their homes.
Call our office to schedule a free consultation and learn all your options: (305) 600 – 5018
Deferred Enforced Departure
Deferred Enforced Departure (DED) is in the president’s discretion to authorize as part of his constitutional power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States, usually for a designated period of time.
On January 19, 2021, President Trump issued a memorandum granting DED and work authorization to Venezuelans residing in the U.S. as of January 20, 2021 for a period of 18 months, through July 20, 2022.
If you have any upcoming TPS or DED decision dates, contact our office to learn about all your legal options.
