What is Temporary Protected Status?
Temporary Protected Status (TPS) is a temporary immigration status that may be granted to eligible nationals from certain designated countries.
Who Is Eligible for TPS?
The Secretary of Homeland Security may designate a country for TPS when it is determined that:
- There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety;
- The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation; or
- There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Secretary finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the United States.
What does TPS mean to you?
If you are a TPS beneficiary, you will not be required to leave the United States. You may obtain work authorization during the initial time period of your stay in the U.S. under TPS, as well as for any TPS extensions. It is important to note that TPS does not lead to permanent resident status.
A TPS designation is effective for a minimum of 6 months and a maximum of 18 months. Before the end of the TPS designation period, the Secretary will review the conditions in the designated state and determine whether the conditions that led to the TPS designation continue to be met. TPS designations can be terminated or extended for 6, 12, or 18 months. If the Secretary of Homeland Security determines that the TPS for individuals from your country of origin is not necessary any longer and the status is terminated, you will return to the same immigration status that you held before entering into TPS.
It is important that you apply correctly for TPS if you are eligible and seek qualified legal counsel to ensure that you are taking the correct steps in your immigration journey.
There are two paths to apply for a marriage based green card. Which path is right for you depends on your individual circumstances. The two methods are:
1.) If you are outside of the United States, then you can apply through a consular process and have your interview at the U.S. consulate in your county.
2.) If you are currently in the United States, then you can apply to adjust status from within the U.S. and you will have the interview in the U.S.
If you are in the U.S., the USCIS will review your application based on if you came into the U.S. with an inspection or entered the U.S. without an inspection. If you have fallen out of lawful status but you entered the U.S. legally, and had an inspection by an immigration official, you can generally obtain your green card from within the U.S. If you are in the U.S. without lawful status, then you cannot change your status from within the U.S. You will have to return to your home country to proceed through a consular process unless you qualify for an exception to this general rule as the spouse of a U.S. citizen. Immigration law is very complicated and errors or problems with your petition for a green card can ruin the chances for success now and in the future. For assistance with your marriage based green card, please contact Your Immigration Angel today!
As a lawful permanent resident (LPR) of the United States, you are allowed to live in the United States indefinitely even if you are still a foreign national. Permanent residency also entitles you to work in the United States and to travel in and out of the United States without seeking additional visas or permissions. However, what is usually most important to many LPRs is the ability to petition for a foreign spouse or child(ren) to be granted permanent residency through a green card. You can petition for your spouse and children and there are always green cards available, because they are immediate relatives! For more information on petitioning for your spouse and child(ren), contact Your Immigration Angel today!
The Violence Against Women Act or VAWA, provides wide-ranging support and comprehensive immigration law benefits for victims of domestic violence. VAWA has also provided a foundation for federal financial support, as well as additional guidance for state and local law initiatives. There has been significant progress in addressing the domestic violence crimes against immigrants. However, many abused immigrant men and women are unsure of their rights. If you or someone you know is being abused or thinks they are being abused and is an immigrant, please, feel free to contact Your Immigration Angel for a free consultation today.
It will come as a relief to many that a new Haitian Family Reunification Parole (HFRP) Program will be implemented in early 2015. Deputy Secretary of Homeland Security, Alejandro Mayorkas has said that “The rebuilding and development of a safe and economically strong Haiti is a priority for the United States. [The] program promotes a fundamental underlying goal of our immigration system – family reunification. It also supports broader U.S. goals for Haiti’s reconstruction and development by providing the opportunity for certain eligible Haitians to safely and legally immigrate sooner to the United States.” Indeed, under this program, U.S. Citizenship and Immigration Services (USCIS) will offer certain eligible Haitian beneficiaries of already approved family-based immigrant visa petitions, who are currently in Haiti, an opportunity to come to the United States up to approximately two years before their immigrant visa priority dates become current.
Although President Obama has yet to issue any statements or take official actions on immigration reform, it seems very likely that the government is gearing up ahead of a new immigration initiative. On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) drafted a request for bids from potential vendors for supplies “to support possible future immigration reform initiative requirements.” These vendors specifically must be capable of handling a scenario of 9 million ID cards issued in one year. The agency seeks to buy the materials need to construct both Permanent Residency Cards (PRC) aka “Green Cards,” and Employment Authorization Documentation (EAD) cards, also used for the “Deferred Action for Childhood Arrivals” (DACA) program instituted by President Obama in 2012. The proposal request indicates that the agency will need a minimum of four million cards per year. However, a “surge” predicted in 2016 would mean the agency would need an additional five million cards – more than double the baseline annual amount for a total of 9 million.
It is rather telling that the proposal request also states that: “The guaranteed minimum for each ordering period is 4,000,000 cards. The estimated maximum for the entire contract is 34,000,000 cards.” These actions tend to indicate that immigration reform is coming, and in a substantial way! Stay tuned…
Companies founded by first or second generation immigrants have helped provide 30% of the United States Gross Domestic Product, or $4.5 TRILLION of Annual Revenue!
That’s 10+ MILLION U.S. jobs!
One of the most popular means for becoming a lawful permanent resident of the United States is through obtaining a marriage based green card. If you are married to a U.S. citizen or permanent resident, you can apply through him or her for your own lawful permanent resident status. A spouse who is a U.S. citizen is considered an “immediate relative” by the United States Citizenship and Immigration Services (USCIS), conferring you with the highest immigration priority. This means that if you apply for your green card through your U.S. citizen spouse, you will not have to wait for a green card slot to become available. Spousal green cards are available all the time. Your Immigration Angel helps immigrants navigate the U.S. immigration system. Our special focus is helping people stay in the U.S. immediately. If you have any questions on becoming a U.S. citizen through a marriage based green card, call or email us for a free initial consultation.
“Immigration policy should be generous; it should be fair; it should be flexible. With such a policy we can turn to the world, and to our own past, with clean hands and a clear conscience.”
–John F. Kennedy, A Nation of Immigrants
The United States has historically been a melting pot of immigrants, each immigrant community bringing an additional ingredient to the rich mélange that is the U.S. population. As such, immigrants have been instrumental in helping build this country and are an intrinsic part of American history. However, Immigrant communities have been waiting for months for immigration reforms to meet the growing needs of the people. Unfortunately, Congress has been unable to agree on any actions to meet current immigration needs. Every U.S. President since 1965 has made executive decisions on immigration issues, and President Obama is no exception. The President has broad executive authority to shape the enforcement and implementation of immigration laws. The President can exercise prosecutorial discretion to defer deportations and streamline adjudications. Already, President Obama’s Deferred Action for Childhood Arrivals (DACA) program, has deferred deportation for young adults brought to the U.S. as children. Further reform focusing on circumventing family separation is one of the main areas expected to be addressed soon by the Obama administration.