Growth Under Biden and Danger Under Trump
The Temporary Protected Status (TPS) program which temporarily protects migrants from deportation to countries in crisis and provides work authorization has grown under the Biden, whom some refer to as the “TPS President.” TPS is one of the few executive tools to provide work authorization without Congressional approval.
How Many Are Protected or Eligible for TPS?
- As of March 2024 there are 863,880 TPS holders in the US.
- 486,418 applications for initial status or renewals are pending.
- Recent redesignations could add 320,300 more to the pool of people eligible for TPS.
TPS is back in the news.
Donald Trump will be sworn in as President on January 20, 2025. The incoming Trump administration has recently indicated uncertainty about whether it will cut or end the program in his second term.
During the first Trump administration the program was under attack like never before with terminations that put over 300,000 people at risk of deportation.
Past Legal Battles
Lawsuits in 2017 and 2018 blocked Trump’s initial attempts to terminate TPS for countries like Haiti and Sudan. Courts ruled that the terminations were discriminatory and lacked basis.
Uncertain Future
Legal challenges may delay or prevent terminations but they depend on what Trump does and the political climate. Even without premature terminations of existing TPS designations, Trump can simply not extend the existing country-specific designations, most of which will expire in 2025.
The future of TPS and the lives of over a million people are at stake. If Trump’s plan goes through this could mean the deportation of hundreds of thousands of people who have built lives in the US. Many TPS holders have been here for decades, contributing to the economy and community.
Over 2/3 of TPS holders have U.S. citizen children. Terminating TPS without alternatives would not only disrupt lives but also industries that rely on this workforce. This guide explains the key issues, the growth, what’s next and what TPS holders can do to protect themselves.
What is TPS and Why is it Important?
History:
- TPS was created in 1990 by Congress and signed into law by President George H.W. Bush to address humanitarian crises, starting with Salvadorans fleeing civil war.
- Since then it has been used to protect migrants from:
- Genocide in Rwanda.
- Wars in Bosnia and Kuwait.
- Natural disasters like the volcanic eruptions in Montserrat in the 1990s.
Past Terminations:
- TPS designations have ended when countries have stabilized like Bosnia and Kosovo. But many current designations are still critical because of ongoing crises.
When and Why is TPS Designated?
TPS allows immigrants from designated countries (17) to live and work in the US temporarily without fear of deportation when conditions in their home countries are unsafe.
A country can be designated for TPS for the following reasons:
- Armed Conflict:
- Ongoing conflicts like civil wars that pose severe risks to individuals.
- Environmental Disaster:
- Natural disasters like hurricanes, earthquakes or epidemics that cause significant disruption.
- Extraordinary and Temporary Conditions:
- Situations like political instability, extreme violence or humanitarian crises that prevent safe return.
Important Notes:
- TPS does NOT provide a path to permanent residency or citizenship.
- TPS holders CAN still apply for other immigration benefits or protections if they qualify.
Who Decides on TPS Designations?
The homeland security secretary has sole authority to designate, extend or terminate TPS for a country.
Decisions are made in consultation with agencies like the State Department and National Security Council.
Duration of TPS Designations:
- Designations are for 6, 12 or 18 months and can be extended if conditions persist.
- If no decision is published 60 days before expiration the designation is automatically extended for 6 months.
Who is Eligible for TPS?
Eligibility Requirements
To qualify for TPS you must:
- Country Designation: Be a national of a TPS-designated country or a stateless person who last resided in such a country.
- Continuous Presence: Have been physically present in the US since the designation date for your country.
- Continuous Residence: Have lived in the US since the date specified for your country.
- Timely Filing: File during the initial registration period or meet the late filing criteria.
Ineligibilities: You may not be eligible if:
- You have been convicted of any felony crime or two or more misdemeanors in the US.
- You are inadmissible based on specific immigration grounds such as criminal or security related issues.
- You do not meet the continuous physical presence or residence requirements.
- You are subject to the asylum bars such as persecution or terrorist activities.
Key Features:
- Date of Entry: Only those who were in the US by a specific date are eligible.
- Renewable Status: Designations are for 18 months and are re-assessed for extensions.
- Manner of Entry: How you entered the country – legally or otherwise – is not a disqualifier.
- Criminal/Immigration History: Certain criminal convictions or immigration violations will make you ineligible unless you have a waiver.
- Not a Path to Citizenship: TPS does not provide a path to permanent residency or citizenship but temporary relief.
- Current Beneficiaries: Nearly 900,000 people from 17 countries including Haiti, Venezuela, Afghanistan, Sudan and Lebanon are protected by TPS.
Benefits of TPS
TPS offers several benefits to beneficiaries:
- Protection from Deportation: TPS holders are not removable while their status is valid.
- Work Authorization: TPS recipients can work in the US with an EAD.
- Travel Authorization: Recipients can travel internationally with advance parole.
- Integration: TPS beneficiaries can live and contribute to their communities without fear of deportation.
Where Are They? Distribution of TPS Holders Across the US.
TPS holders are in all states but the largest populations are in:
- Florida: 295,720 TPS recipients.
- Texas: 93,680.
- New York: 67,840.
- California: 67,800.
- New Jersey: 31,480.
Their large and longstanding number shows their integration in US communities.
Florida Will Be Hit the Hardest
As President-elect Donald Trump prepares to take office again his threats to end TPS have reignited fears especially in his home state of Florida, the state that will lose the most.
TPS is crucial for many living and working in the Sunshine State. Trump’s promise to terminate these protections will not only harm the individuals directly affected but also disrupt Florida’s communities and economy.
How Does TPS Work?
Step 1: Country Designation
The Secretary of Homeland Security determines which countries are eligible for TPS based on:
- Armed conflicts that affect civilians.
- Natural disasters that disrupt living conditions.
- Temporary but extraordinary situations like epidemics or political turmoil.
The decision to designate or redesignate a country is made in consultation with other agencies like the Department of State and National Security Council.
Step 2: Registration
Foreign nationals from designated countries must:
- File the I-821 Application and I-765 Work Authorization during the registration period.
- Be a national of a TPS designated country or a stateless person who last habitually resided in such a country
- Be physically present in the US since the date of designation.
- Pay application and biometric fees (or request a fee waiver).
Step 3: Benefits
If approved TPS recipients are:
- Not removable.
- Eligible for an EAD.
- Can apply for advance parole through Form I-512T
Expiration and Renewal of TPS
TPS designations are reviewed and extended based on country conditions:
- The Secretary of Homeland Security must decide on the extension 60 days before expiration.
Extensions only apply to individuals who already have TPS; new applicants need a redesignation
What Does TPS Offer?
TPS offers benefits to give individuals a sense of security and opportunity while their countries are in dire conditions.
Core Benefits:
- Protection from Deportation:
TPS holders are not removable while their status is valid. - Work Authorization:
TPS holders can get an EAD to work in the US. - Travel Authorization:
- TPS specific travel documents allow holders to travel internationally and reenter the US.
- Form I-512T replaced advance parole for TPS holders in 2022.
Challenges for TPS Holders
Perpetual Uncertainty
TPS does not offer a pathway to permanent residency or citizenship unless pursued through other legal means. Most are stuck in limbo.
- TPS designations are 18 months, after which DHS must re-evaluate the country conditions.
- Recipients must reapply each time, often with delays in work permit processing
- TPS holders are not eligible for public benefits based on their TPS status.
Registration and Re-Registration Hurdles
TPS applicants must: Apply during limited registration periods. Pay significant fees for initial registration, work permits and re-registration. Reapply every time the designation is extended, even after 20+ years of residency.
Barriers to Family Reunification
- TPS holders cannot use their status to sponsor family members. They cannot confer TPS protections to their relatives abroad, even in life or death situations
Legislative Gridlock
Advocates urge for legislative solutions to provide long term stability for TPS holders. Congressional action is needed to create a direct path to green cards for TPS holders but progress has been slow.
Vulnerability to Policy Changes
TPS is at the mercy of the administration in power, making the status precarious.
Myths About TPS
“It’s Amnesty.”
- Critics call TPS amnesty but it’s not. It does not offer permanent residency or citizenship.
- It’s a temporary solution that has ended for several countries when conditions improved.
“Migrants Exploit TPS.”
- TPS was created through legislation, not a loophole.
- Protections can’t be arbitrarily revoked. The law requires a thorough review of country conditions to determine eligibility.
History of TPS
Extended Voluntary Departure (EVD)
- Historical Role: Extended Voluntary Departure (EVD) is the Predecessor to TPS, used before the Immigration Act of 1990.
- Transition: Replaced by TPS to formalize protections.
Expired TPS Designations
- Angola (Expired March 29, 2003): Post civil war stabilization.
- Bosnia-Herzegovina (Expired February 10, 2001): Conflict resolution efforts.
- Burundi (Expired May 2, 2009): Post civil unrest.
- Guinea (Expired May 21, 2017): Post Ebola outbreak.
- Liberia (Expired May 21, 2017): Post Ebola crisis.
- Montserrat (Expired August 27, 2004): After volcanic disaster.
Why DOES TPS Matter?
Humanitarian Need
- TPS is a lifeline for individuals fleeing life or death situations. Deporting them back to unsafe conditions could be catastrophic.
- TPS shows the US commitment to providing shelter to those affected by global crises.
- Countries like Turkey, Colombia and the European Union offer similar protections, global solidarity during humanitarian emergencies.
US Leadership in Crisis Response
- By maintaining and expanding TPS the US will be a global leader in addressing displacement caused by wars, climate change and economic instability.
- As shown below, TPS recipients are part of many industries and contribute billions in taxes annually. TPS recipients contribute to industries like healthcare, education, construction and manufacturing, to address labor shortages.
- Work authorization through TPS benefits both immigrants and US employers
- Labor Force Participation: Nearly 90% of TPS holders are employed, much higher than the national average
- Ending TPS will hurt local economies, exacerbate labor shortages and disrupt industries that rely on migrant workers. In Springfield, Ohio auto manufacturers employ TPS recipients from countries like Venezuela and Haiti.
Criticism and Advocacy
Critics of TPS:
- Some say TPS has become de facto permanent status for recipients undermining its original purpose as a temporary solution.
- Critics like Ira Mehlman of FAIR say the system only works if people are sent back once crises subside.
Advocates for TPS Holders:
- Immigration advocates point out the ongoing crises in countries like Haiti and say deporting people to unsafe conditions is inhumane.
- Efforts to create a pathway to permanent residency for long time TPS holders are gaining traction but are being blocked in Congress.
Which Countries Are Under TPS?
As of this writing, the following 17 countries are designated for TPS:
- Afghanistan: Extended until May 20, 2025 due to ongoing instability and security concerns.
- Burma (Myanmar): Valid through November 25, 2025, addressing the severe political and humanitarian crises following military rule.
- Cameroon: Extended until June 7, 2025 due to violent conflicts and humanitarian crises.
- El Salvador: Extended until March 9, 2025, recognizing prolonged safety challenges stemming from crime and economic instability.
- Ethiopia: Valid through December 12, 2025, owing to conflict and famine.
- Haiti: Extended through February 3, 2026, with worsening political unrest and gang violence.
- Honduras: Extended until July 5, 2025, addressing the impacts of poverty, corruption, and climate disasters.
- Lebanon: Extended until May 27, 2026, due to longstanding humanitarian needs exacerbated by an escalation of armed conflict.
- Nepal: Extended until June 24, 2025, following the 2015 earthquake’s lasting effects.
- Nicaragua: Extended until July 5, 2025, due to political instability and natural disasters.
- Somalia: Extended until March 17, 2026, given prolonged armed conflict and insecurity.
- South Sudan: Extended until May 3, 2025, in light of ongoing civil conflict.
- Sudan: Extended until April 19, 2025, reflecting continued violence and instability.
- Syria: Extended until September 30, 2025, owing to the civil war and humanitarian crisis.
- Ukraine: Extended until April 19, 2025, following Russia’s invasion and ongoing war.
- Venezuela: Extended until April 2, 2025 (September 10, 2025 for those who applied under Re-Designation), citing political turmoil and economic collapse.
- Yemen: Extended until March 3, 2026, due to the devastating civil war and famine.
Recent Growth of TPS:
- As of fall 2024 over 860,000 are under TPS—double the number from 4 years ago.
- Nearly 50% more are eligible but haven’t applied
- Hundreds of thousands have applied and are waiting for approval.
Specific TPS Groups at Risk Under Trump
Haiti, Venezuela and El Salvador make up the majority of the TPS population and the most likely Trump targets.
Haitians (200,005 TPS holders):
- Trump has labeled Haitian immigrants as “animals” and vowed to end their protections.
- 2010 Earthquake: TPS was granted to Haitians after the 2010 earthquake which left the country unable to absorb returnees.
- Ongoing Instability: Renewals have been granted due to gang violence, political turmoil and economic collapse. The Federal Aviation Administration prohibited U.S. airlines from landing in Haiti for 30 days due to safety issues involving the international airport.
- Current Status: Haitian TPS holders have protections until February 2026, approximately 200,000.
Venezuelans (472,000 TPS holders)
- Mass Displacement: Venezuela’s political and economic collapse has forced 7.7 million to flee the country.
- A Lifeline for Families: For migrants like Maribel Hidalgo who fled with her infant son, TPS is a lifeline and hope.
- Current Status: Venezuelan TPS holders have protections until April 2, 2025 or September 10, 2025 (for re-designated), approximately 470,000. The Biden administration announced Venezuelans would receive Temporary Protected Status (TPS), providing legal protection to individuals from unsafe homelands.
Salvadorans (198,000 TPS holders):
- TPS for El Salvador has been in existence for over 23 years, since 2001.
- Current Status: Salvadoran nationals have protections until March 9, 2025, impacting about 200,000.
Migrant Stories: Lives in Limbo
Hidalgo’s Journey:
- Maribel Hidalgo crossed the Darien Gap and Mexico to get to the US with her infant son. For her TPS is a thin lifeline to safety. Her fear:
- After everything I went through with my son to get to this country, they’ll send me back again.”
Who else is losing TPS protections?
Neary 1.6 million people in the US are eligible for TPS. Of this number, 860,000 have TPS, 486,000 are pending and 320,000 are eligible but not yet applied.
Deeply Rooted in the US: Many TPS holders have been in the US for decades, have raised families and contributed to their communities.
Below is the breakdown of those who have TPS, by country and TPS designation date.
Country | TPS Designation Date | Estimated Beneficiaries |
Afghanistan | 2022 | 76,000 |
Cameroon | 2022 | 39,000 |
El Salvador | 2001 | 198,000 |
Ethiopia | 2022 | 31,000 |
Haiti | 2010, 2021 | 200,000 |
Honduras | 1999 | 60,000 |
Lebanon 2024 Myanmar | 2021 | 1,600 |
Nepal | 2015 | 14,500 |
Nicaragua | 1999 | 4,500 |
Somalia | 1991, 2023 | 430 |
Sudan | 1997, 2022 | 3,700 |
South Sudan | 2011, 2023 | 370 |
Syria | 2012, 2023 | 7,500 |
Ukraine | 2022 | 60,000 |
Venezuela | 2021 | 472,000 |
Yemen | 2015 | 1,600 |
13 TPS Countries will expire in 2025
TPS for 13 of these countries will expire in 2025, Haiti, Somalia and Yemen’s will expire in 2026 unless extended.
DED: Also At Risk of Losing Protection
TPS is often compared to Deferred Enforced Departure (DED):
- TPS: Authority comes from legislation.
- DED: Based on the president’s foreign policy discretion.
Like TPS, those temporarily protected from deportation and granted temporary work authorization under the Deferred Enforced Departure (DED) program are also at risk of being cut or eliminated by Trump.
What is DED?
Like TPS, DED offers temporary protection from removal for individuals who meet specific eligibility criteria established by presidential directives. It does not grant lawful immigration status:
- Those covered by DED cannot be deported during the designated period.
- They may qualify for employment and travel authorization based on the terms of the directive.
Trump used DED to protect 145,000 Venezuelans for 18 months towards the end of his presidency
Eligibility for DED
Each directive outlines the eligibility criteria which may include:
- Nationality of designated country
- Residency in the United States before a specified date.
- Continuous presence in the United States during the covered period.
Exceptions
Individuals may be excluded from DED protections for:
- Criminal activity
- Security risks
The Numbers
The population of DED Holders is much smaller than that of TPS:
- Liberians: 3,600
- Palestinians: 6,000
- Lebanon: 11,000
- Hong Kong: 2,800
Palestine and Hong Kong DED Will Expire in 2025.
Palestine and Hong Kong will expire in 2025. Liberia and Lebanon will expire in 2026.
Summary of Current DED Coverage
Country | Effective Date | DED Valid Through | EAD Extended Through |
Lebanon | July 26, 2024 | January 25, 2026 | N/A |
Liberia | October 1, 2007 | June 30, 2026 | June 30, 2026 |
Hong Kong | August 5, 2021 | February 5, 2025 | February 5, 2025 |
Palestine | February 14, 2024 | August 13, 2025 | August 13, 2025 |
Trump’s Immigration Target: TPS
What Trump Recently Said:
- Trump has said he will terminate TPS, calling it a program that should be ended. Trump has promised to stop “mass grants” of TPS and terminate existing protections, has said explicitly that Haitians and Venezuelans under TPS will be deported
- In an interview with News Nation about Springfield, Ohio where thousands of Haitians live, Trump reiterated his promise to end TPS for Haitian migrants saying:
- “Absolutely, I’d revoke it and bring them back to their country.”
Controversy Surrounding Springfield: Misinformation Campaign
- Trump’s campaign rhetoric on Haitian migrants in Springfield has been widely panned for spreading lies.
- During a debate with Vice President Kamala Harris, Trump claimed Haitian migrants were:
- “eating their neighbor’s pets” a completely false and incendiary statement that led to bomb threats against local schools.
- He said the migrants are:
- “not here legally” and must be removed.
- Trump spread unfounded and disputed claims, such as Venezuelan gangs taking over neighborhoods in Aurora, Colorado and TPS holders eating pets—statements that spread fear and misinformation.
- He said:
- the Haitian migrants in Springfield “don’t work” and “you have to remove the people; we can’t destroy our country.”
- He said:
Springfield Impact:
- About 15,000 Haitian migrants have resettled in Springfield in recent years according to the Associated Press. The community has grown and diversified as a result.
Unanswered Questions:
- When asked how he would handle Haiti’s refusal to take back deportees, Trump said:
- “They will. If I bring them back, they’ll receive them.”
JD Vance Support:
- Vice President-elect JD Vance echoed this, saying TPS is overused and no longer temporary and we need a stricter approach to TPS and humanitarian parole. At an Arizona rally he railed against:
- “mass grants of Temporary Protected Status”
- Vance amplified these lies on social media and continues to defend the rhetoric saying:
- “I’m going to keep talking about what the migrants have done to Springfield, Ohio.”
Local and National Pushback:
- Vice President Kamala Harris asked Trump to stop, saying:
- “Regardless of someone’s background, their race or geographic location, people are troubled by what’s happening in Springfield, Ohio and it’s got to stop.”
- Critics say Trump’s focus on Springfield is divisive and takes attention away from the bigger problems in the immigration system.
What Trump Recently Said:
During his first term, former President Donald Trump ended TPS for Haiti, El Salvador, Nicaragua, and Sudan, covering over 300,000 people, citing improved conditions in their home countries.
His administration said conditions in countries like Haiti had improved enough to end the designations—despite the crises.
Legal battles ensued and terminations were delayed. The Ninth Circuit upheld some rescissions and others were extended by the Biden administration.
Project 2025:
The Heritage Foundation’s “Project 2025” which has ties to Trump team leaders outlines a plan to end TPS, calling it a program that encourages illegal immigration.
The plan calls for a big rollback of TPS designations. It wants Congress to repeal existing TPS designations so people from countries like Afghanistan, El Salvador, Haiti and Venezuela have to go home no matter what’s happening back home.
And Project 2025 also wants to limit the discretion of the Department of Homeland Security on programs like TPS to stick to statutory limits and reduce the availability of these humanitarian protections.
What Could Change Under Trump in 2025:
Broader Hardline Policies:
Ending TPS is part of a bigger immigration crackdown:
- Mass deportations of undocumented individuals (11 million people in the U.S.).
- Building massive detention centers to hold deportees
- Ending DACA and humanitarian parole.
- Ending birthright citizenship.
- Restarting the U.S.-Mexico border wall.
Key Appointments:
- Stephen Miller: A hardline immigration advisor who was behind family separations during Trump’s first term, now deputy chief of staff for policy.
- Tom Homan: Former head of Immigration and Customs Enforcement (ICE) who led the family separation policy, now “border czar”
Targeting Non-Criminals:
- Despite claims to focus on “criminal aliens” analysts say logistical realities will force enforcement agencies to target the easiest to find which will be long term residents with no criminal records.
TPS Is Targeted
The second Trump term will focus on terminating newer TPS designations and not renewing older ones that will expire in 2025.
Legal Pathways to TPS Termination:
- DHS can let TPS designations expire or not renew them.
- If confirmed Trump’s pick for DHS Secretary Governor Kristi Noem will lead the charge to terminate TPS designations.
- Revoking a designation before its expiration is unprecedented and legally complicated. Federal regulations require 60 days notice and proof that conditions in the home country have improved.
The Devastating Effects of Ending TPS
1. Humanitarian Impact
- Loss of Protections: Without TPS recipients would lose legal work authorization and be deported to countries still in crisis.
- Many TPS beneficiaries have lived in the U.S. for decades, have families and contribute to society.
- Deporting individuals to dangerous conditions is against U.S. values and international law.
- Deporting migrants to unstable, violent countries could be deadly.
- Example: Haiti is experiencing gang violence, civil unrest and extreme poverty. Forcing deportees into such conditions may be a violation of human rights.
- Family Separation: Deportation would uproot lives and separate families. Over 2/3 of TPS holders have U.S. citizen children, creating the potential for widespread family disruption. Families, including over 300,000 U.S.-born children of TPS holders would be separated.
2. Economic Consequences of TPS Cancellation:
Terminating TPS protections, revoking work permits and deporting millions of long term workers would devastate the U.S. economy as follows:
Labor Shortages
- Industry Disruption/Labor Shortages: TPS holders work in industries such as agriculture, construction, caregiving and hospitality. Removing them would exacerbate workforce shortages. Studies show that without immigrants and their children U.S. labor force growth would have been zero over the past five years.
- Labor Force Participation: Over 90% of TPS holders are working, much higher than national averages.
- Employers Unprepared. While Trump’s efforts to end TPS have raised employer awareness, many industries are not ready for the loss of this workforce.
- Employer Costs: Deporting TPS holders would cost employers $1 billion in turnover and re-hiring costs.
Essential Workforce:
- 130,000 TPS holders are critical infrastructure workers, supporting economic recovery during crises like the COVID-19 pandemic
Reduced Consumer Spending
- Spending Power: After taxes TPS households had $8 billion to spend on housing, retail, healthcare and more.
Decline in GDP
- TPS holders contribute $4.5 billion annually from workers in healthcare, construction and food services.
- Over 10 years their removal would be $45 billion in lost GDP
- Mass deportations would reduce GDP by 4.2% to 6.8% according to the American Immigration Council.
Job Loss for Americans:
- Job Losses: For every 1 million unauthorized immigrant workers deported 88,000 U.S. born workers would lose their jobs, according to the Peterson Institute for International Economics.
Decline in Social Security and Medicare
- Contributions to social security and medicare would decrease by $6.9 billion over the next 10 years
Additional Costs to Government
- Increased Enforcement Costs: Ending TPS will require significant government spending on enforcement including:
- Arrests, detentions and deportation.
- Operating detention centers where deportees may be held for extended periods due to logistical challenges.
- Deportation logistics.
- Deporting TPS holders from El Salvador, Honduras and Haiti would cost taxpayers $3 billion in deportation costs
Growth of the Undocumented Population
- Stripping TPS protections would add to the 11 million already undocumented in the U.S.
- Counterproductive Outcome: Migrants without TPS are less likely to leave the U.S. and will add to the undocumented population and strain enforcement resources.
- Remittances sent by TPS holders to their home countries ease economic pressures that drive migration.
Harming Community
- TPS holders support schools, churches and civic organizations, are part of U.S. communities.
Destabilizing Countries of Origin:
- TPS recipients send remittances home, lifelines to struggling families and economies.
- Deporting thousands to unstable countries will worsen humanitarian crises and increase migration pressure on U.S. borders.
For Immigration Policy:
- TPS is one of the only tools we have to manage humanitarian crises without comprehensive immigration reform.
- The uncertainty of TPS highlights the need for long term solutions to temporary status.
Elena’s Request:
- Elena, a Nicaraguan who has lived in the U.S. for 25 years, wants a new TPS designation before Biden leaves office:
- “Not in January. Not in December. Now.”
Challenges to Ending TPS and Deporting 1.6 Million
Legal and Logistical Challenges
Can Trump End TPS?
Federal regulations allow TPS designations to expire or be renewed but revoking them before expiration is legally complicated and unprecedented.
Legal Hurdles:
- Past Court Interventions: Trump’s previous attempts to end TPS for Haiti, Sudan and El Salvador were blocked by courts. Attorney Ahilan T. Arulanantham who challenged those efforts expects more legal battles under Trump.
- Legal challenges will delay or block any sudden termination of the program.
- Previous attempts to end TPS for countries like Haiti, Sudan and El Salvador were blocked by courts, citing discriminatory motives and lack of justification.
- Protections can’t be taken away arbitrarily. DHS must show conditions in a country no longer meet TPS criteria. Critics argue in many cases like Haiti conditions have gotten worse not better.
- Future lawsuits will delay or stop Trump’s plans.
Logistical Challenges:
- Deporting 1.6 million TPS holders will require significant resources, coordination with home countries and diplomatic agreements.
- Many of the affected have lived in the U.S. for decades, and will have due process rights to seek protection under asylum or cancellation of removal, or other protections available in immigration court, making deportations harder.
- Countries like Venezuela and Afghanistan may not accept deportees complicating removal efforts.
- Deporting 1 million people is a huge undertaking that involves:
- Negotiating with home countries to accept deportees.
- Coordinating transportation and reintegration plans for migrants returning to dangerous environments.
- Deportees will languish in detention for months due to bureaucratic and diplomatic delays.
- Many countries like Syria and Venezuela don’t have the infrastructure to absorb returnees.
Political Opposition:
- Advocates and organizations are mobilizing to protect vulnerable populations and push for comprehensive immigration reform.
- Immigration advocates say sudden termination will violate recipients’ due process and civil rights
What Can TPS Holders Do to Protect Themselves?
Losing TPS status can be scary and confusing but there are options for those who want to stay in the U.S. legally. Here’s a step by step guide to help you understand your options
1. Keep or Use an Existing Legal Status
If you have another legal status besides TPS you can stay in the U.S. as long as that status is valid or case is pending. TPS does not cancel or replace any other legal status you may have.
Examples of Dual or Pending Status:
- Pending Asylum Applicants: If you applied for asylum before or after TPS you can stay in the U.S. until your asylum application is decided. But if your asylum application is denied after TPS ends you could be deported.
- F-1 Student Visa Holders: If you have an F-1 visa and have been in compliance with its terms you can continue studying after TPS ends. But working under TPS work authorization without following F-1 employment rules will invalidate your student visa.
What to Do:
- Review Your Status: Check the validity and terms of your other legal status.
- Consult a Professional: Talk to an immigration attorney to make sure you’re in compliance with all conditions.
2. Apply for Asylum if You Fear Going Back to Your Country
Asylum is protection given to individuals who face persecution based on race, religion, nationality, political opinion or membership in a particular social group.
Asylum Key Points:
- Legal Protection: Filing for asylum allows you to stay in the U.S. while your case is processed.
- Work Authorization: After 1 year without a decision on your case you can apply for a work permit.
- Pathway to Permanent Residency: If you’re granted asylum you can apply for a green card after 1 year.
Important Notes:
- 1 Year Deadline: Asylum applications must be filed within 1 year of entering the U.S. or reasonable time after TPS ends.
- Eligibility: If you were in the U.S. more than 1 year before getting TPS your asylum eligibility may be limited.
How to Apply:
- Fill out Form I-589 and file with U.S. Citizenship and Immigration Services (USCIS).
- Gather evidence to support your claim, including documents of the threats or harm you face in your country.
- Consult an immigration attorney to help you through the asylum process.
Green Card Through Asylum
Eligibility:
- If you are granted asylum, you can apply for green card after one year.
- File Form I-485 to adjust status.
- Provide proof of asylee status and meet admissibility requirement
3. Change to a Nonimmigrant Visa
Many nonimmigrant visa categories are available for those who qualify, such as studying or working in the U.S.
Common Nonimmigrant Visas:
- F-1 Visa: For students enrolled in a U.S. accredited educational institution.
- H-1B Visa: For professionals sponsored by a U.S. employer.
- O Visa: For individuals with extraordinary ability in fields like science, art or business.
Challenges for TPS Holders:
- “Admission” Requirement: USCIS does not consider TPS as a legal admission to the U.S. which is often required to change status in the U.S.
- Employer Sponsorship: Many work visas require a job offer and employer petition.
Options if Ineligible for In-Country Change:
- You can leave the U.S., apply for a nonimmigrant visa at a U.S. consulate abroad and come back. But leaving carries risks so consult an attorney before doing so.
4. Permanent Residency (Green Card) Through Family
If you qualify you can apply for a green card through various ways including family sponsorship or employment.
Family-Based Sponsorship
If you have close family ties to a U.S. citizen or lawful permanent resident you may qualify for a green card through family-based immigration.
- Family-Based Sponsorship
- Immediate Relatives: Spouses, parents or unmarried children under 21 of US citizens can adjust status without INA § 245(c) bars.
- Extended Family: Other family-based petitions (e.g. siblings, children over 21) require visa availability and lawful status.
- Entry: Those who entered the US without inspection may have barriers unless they qualify for travel and re-entry procedures.
- Apply:
- The U.S. citizen relative files Form I-130 (Petition for Alien Relative) on your behalf.
- After approved, adjust status if eligible or apply for an immigrant visa abroad.
- Considerations:
- If you entered the U.S. without inspection you may need to leave the country and apply for a waiver to reenter.
Marriage to a U.S. Citizen
Marriage to a U.S. citizen is one of the fastest ways to get a green card.
- Process:
- Your U.S. citizen spouse filesForm I-130 (Petition for Alien Relative).
- You File Form I-485 (Application for Adjustment of Status) if you entered the U.S. legally or reentered with advance parole.
- Attend an interview with your spouse to verify the marriage (interviews are sometimes waived)
- Processing Time: 10-13 months.
Key Points:
- USCIS will require proof of a real marriage. Examples are joint bank accounts, lease agreements and photos together.
- Those guilty of entering a fake marriages to obtain an immigration benefit have committed a felony, those cases will be denied, and all involved may face 5 years in jail and/or $250,000 in fines.
- Key Benefits:
- No visa backlog for immediate relatives of U.S. citizens.
- Adjusting status in the U.S. can make the process easier if eligible.
If Your Spouse Is a Green Card Holder
- The process involves:
- Filing Form I-130 and waiting for visa availability.Once a visa number is available, you can file Form I-485 if your TPS is still valid.
- Consular Processing: If your TPS expires before a visa is available, you may need to apply for green card at a US embassy or consulate.
Supporting Documents for Marriage-Based Adjustment of Status
- Marriage-Based Applications (Form I-130 & I-485)
- Proof of your spouse’s US citizenship or green card (e.g. passport, birth certificate).
- Marriage certificate.
- Proof of a real marriage, such as:
- Joint financial documents (e.g. bank accounts, tax returns).
- Photos together.
5. Permanent Residency (Green Card) Through Employment
Employers can sponsor TPS recipients for visas and green card if they qualify.
- US employers can sponsor TPS holders for certain employment-based green cards
- Skilled Workers and Professionals: Under employment-based preference categories (e.g. EB-1, EB-2, EB-3).
- Unskilled Workers: For jobs that don’t require specialized training
Eligibility
You must:
- Have a US employer willing to sponsor you for a green card.
- File Form I-140 (Immigrant Petition for Alien Worker).
- Wait for visa availability to file Form I-485.
Key Steps
- Employer files a labor certification with the Department of Labor.
- Employer files Form I-140 (Immigrant Petition for Alien Worker) along with:
- Labor certification from the Department of Labor.
- Proof of your qualifications for the job.
- Evidence of the employer’s ability to pay the offered wage.
- Once approved and your visa number is current, file Form I-485 to adjust status in the U.S., or apply for an immigrant visa abroad.
Supporting Documents
- Employment verification letter.
- Educational credentials or certifications.
- Department of Labor-approved labor certification (if required).
- Proof of employer’s ability to pay your wages.
Challenges:
- Sponsorship is employer-driven and jobs must meet eligibility criteria.
- Can take years depending on visa availability.
- Requires proof of lawful admission or parole.
- TPS holders who entered without inspection must resolve this issue through advance parole travel or consular processing.
- No more than 6 months of unlawful status since last entry and prior to filing I-485.
6. Special Victim-Based Visas
If you are a victim of certain crimes or trafficking you may be eligible for:
- U Visa: For victims of crimes who cooperate with law enforcement (can lead to green card)
- T Visa: For victims of human trafficking (can lead to green card)
- VAWA: If you are or were married to a US citizen or Permanent Resident and you suffered spousal abuse (physical or mental) you may be eligible for a VAWA green card.
7. Defend in Immigration Court
If your TPS ends and you have no status the government may start deportation proceedings. In that case you can defend yourself in front of an immigration judge.
Common Defenses:
- Asylum or Withholding of Removal: Protection based on fear of persecution or torture in your home country.
- Cancellation of Removal:
- Available if you have lived in the U.S. for at least 10 years and can prove that deportation would cause “exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident family member.
- Deferred Action: Ask the judge for temporary protection due to extraordinary circumstances.
Risks:
- Cancellation of removal is risky as it’s hard to convince a judge of the required hardship. Similarly asylum is risky as it is difficult to persuade most judges that an invididual is likely to face persecution if returned to the home country.
8. Check for U.S. Citizenship or Eligibility for Naturalization
You might already be a U.S. citizen or have a path to citizenship and not even know it.
Check for Citizenship Through Family:
- If one of your parents or grandparents was a U.S. citizen you may have derived or acquired citizenship.
- If born abroad to U.S. citizens you may be a citizen.
Military Service:
- Individuals who served in the U.S. military may be eligible for expedited naturalization.
9. Plan for the Worst Case
If no other options are available you may also choose to leave the U.S. voluntarily. This is usually a last resort and should only be done with an experienced immigration attorney who can advise you if you may be able to file future immigration applications to seek re-entry.
Take Action Now
TPS expiration options are complicated and every case is different. Professional legal advice is key to understanding your options and avoiding mistakes.
If you have TPS, you should:
- Consult an Immigration Attorney: An attorney can review your individual situation and help you find the best way to legal status.
- You need expert help to navigate the legal maze and figure out the best adjustment of status path.
- Review your eligibility for family, employment or asylum-based green cards.
- Review your case for risks or complications.
- Create a plan to win the green card process
- Keep TPS Current: Keep TPS active until your green card is approved.
- Apply for Advance Parole
- Authorized travel and reentry can create an opportunity for AOS.
- Don’t travel outside the US during the green card process unless you have Advance Parole.
- Get Family-Based or Employment Sponsorship
- Strengthen your case by getting sponsorship from qualifying family members or employers.
- Talk to Your Employer:
- Make sure your employer understands the I-140 process and requirements
- Document All Changes
- Keep records of TPS approvals, travel authorizations and visa petitions to make future applications easier.
- Gather Documents: Make sure you have all the evidence to support your application. Make sure all documents are accurate and complete so you don’t get delays or denials. Collect evidence such as birth certificates, marriage records and employment letters to support your case.
- File Fast: Start the application process for any other status well before TPS ends to avoid disruption to your life. File as soon as you can to secure your path to permanent residency.
- Use non-profit immigration organizations.
- Stay informed on the latest TPS updates.
Are TPS Recipients Eligible to Adjust Status?
Immigration pathways can be tricky, especially for TPS recipients looking to move to lawful permanent resident (LPR) status. This guide breaks down the legal landscape, federal policies, court decisions and potential legislation affecting TPS holders.
Eligibility to Adjust Status from TPS to Green Card
You may qualify if:
- You become an immediate family member of a US citizen or green card holder, such as marrying a US citizen or being sponsored by a close relative.
- You get an employment-based green card through a US employer who will sponsor you.
- You are eligible for a green card through asylum after being granted asylee status.
Why Green Card?
Green card allows you to:
- Live and work in the US permanently.
- Have a stable future without the uncertainty of TPS reviews or expiration.
- Apply for US citizenship after several years as a permanent resident.
Why Adjustment of Status Is Better than Embassy/Consular Processing
Adjustment of status (AOS) allows TPS holders to apply for green cards from within the US, avoiding the risks of consular processing such as:
- Travel delays.
- Inadmissibility due to prior unlawful presence.
- Access to US courts is limited.
But you can’t adjust status if you were never lawfully admitted into the US at any point, including initial entry or most recent re-entry.
Consular Processing Challenges
If you have to leave the US for consular processing, you may face:
- 3-year or 10-year bars for prior unlawful presence.
- 180 days to 1 year of unlawful presence = 3-year bar.
- Over 1 year of unlawful presence = 10-year bar.
- Waivers for these bars are hard to get.
Adjustment of Status (AOS): How It Works
In discussing adjustment of status, it is first important to udnerstand what TPS provides and what it does not.
Rights of TPS Recipients
- No Direct Path to Citizenship: TPS does not lead to permanent residency or citizenship. TPS holders can pursue separate pathways to permanetn residency, for example through family or work or asylum petitions.
- Lawful Nonimmigrant Status: TPS holders are in lawful status for the duration of TPS.
- Work Authorization: They can work in the US.
- Travel Authorization: With advance parole, TPS holders can travel abroad and return.
Adjustment of Status (AOS) allows individuals physically present in the US to get a green card without traveling abroad. Here’s how it works:
Eligibility Criteria for AOS
- Approved Immigrant Visa Petition: The applicant must have a family or employment-based immigrant visa petition approved by US Citizenship and Immigration Services (USCIS).
- Enter the US With Inspection: Under INA § 245(a), the applicant must have entered the US after being inspected and admitted or paroled by immigration authorities.
- Maintain Lawful Status. At the time of filing for adjustment of status (I-485), the applicant must be in lawful status, except for those who are the spouse of a US citizen, the parent of a US citizen, or the child under 21 of a US citizen. Also for employment based green cards, there is an exception that unlawful status of less than six months since last entry date, and prior to filing the I-485, is permissible.
- Admissibility: The applicant must be admissible to the US under immigration laws
Restrictions Under INA § 245(c)
- Those who entered unlawfully or failed to maintain lawful immigration status are not eligible to adjust status unless they qualify for an exemption, such as being an immediate relative (spouse, parent or unmarried child under 21) of a US citizen.
Key Legal Developments: TPS and Adjustment of Status
Supreme Court Ruling: Sanchez v. Mayorkas (2021)
The Supreme Court held:
- TPS does not count as “admission” under INA § 245(a).
- TPS holders who entered the US unlawfully cannot adjust status based solely on their TPS designation.
- “Admission” means entering the US after being inspected by an immigration officer.
Federal Policy Shifts: USCIS Guidance
In 2022 USCIS reversed its Matter of Z-R-Z-C- decision. Under the new guidance:
- TPS recipients who travel abroad with advance parole (using Form I-512T) are considered “inspected and admitted” upon reentry.
- Returning TPS holders are eligible for AOS if they meet all other requirements.
Impact of Policy Change
This policy opens up more opportunities for TPS holders to adjust status but they still must meet other statutory requirements, such as family or employment-based eligibility.
Advance Parole and Reentry
TPS holders can apply for advance parole to travel abroad and reenter. Upon reentry, they are considered “inspected and admitted” and meet the INA § 245(a) requirement for adjustment of status.
Risks: Traveling with advance parole should be planned carefully with legal advice to avoid issues upon reentry
Consular Processing Challenges
If not eligible for adjustment of status, you may need to leave the US for visa processing. But departure may trigger re-entry ban and complicates the process. Consult an immigration lawyer.
Special Considerations for TPS Holders
If You Entered Without Inspection (EWI)
- Generally, individuals who entered the US without inspection cannot adjust status.
- Exceptions for Travel Authorization With TPS
- TPS holders can apply for Form I-131 (Advance Parole) to travel abroad.
- Upon reentry, you may satisfy the lawful admission requirement for adjustment of status.
Unlawful Presence Before TPS
- TPS does not erase unlawful presence accrued before its designation.
- These must be addressed through waivers or exemptions.
Employment or Visa Violations
- TPS holders who violated the terms of previous immigration statuses (e.g. by working without authorization) may have additional hurdles to adjust.
Can You Adjust Status if Your TPS Has Expired?
- To remain in the US lawfully, keep your TPS status current.
If your TPS has expired, consider:
- Apply for asylum if eligible.
- Use other valid immigration statuses you held before TPS.
- Nonimmigrant visas like student or work visas.
- Get sponsorship from a family member or employer for adjustment of status.
- Apply for naturalization if eligible.
What If TPS Adjustment of Status Won’t Work?
If you can’t adjust status through TPS, try:
- Apply for asylum and pursue an asylum-based green card.
- Leave the US, re-enter legally and reapply for TPS (only if safe and less than 180 days of unlawful presence).
- Consular processing in your home country for an immigrant visa.
- Request USCIS review of denied applications or apply for waivers of inadmissibility.
- Request relief from deportation during removal proceedings, such as cancellation of removal, if you can show exceptional hardship to family members.
Key Considerations
- Inadmissibility Risks: If you spent a lot of time in the US unlawfully, consult an immigration attorney to understand your risks and options.
- Timelines and Fees: Adjusting status in the US avoids the delays of international travel and consular processing.
- Legal Support: Immigration law is complicated; get professional help to handle your case.
Key Changes: TPS Travel Permit (Form I-512T)
What is the TPS Travel Permit?
The TPS Travel Permit (Form I-512T) allows TPS holders to travel and reenter the US legally. As of July 1, 2022 USCIS updated the policy, TPS holders who reenter the US with this travel permit will now be considered “inspected and admitted”. This is huge because now TPS holders can apply for a green card if they have a qualifying family, marriage or employment-based petition.
Who?
- TPS holders who entered the US without inspection can now reenter and meet the green card eligibility.
- TPS holders with a qualifying family or employment-based sponsor can use this path.
Eligibility for Green Card Through TPS
How TPS Holders Qualify for Residency
To apply for a green card, TPS holders need:
- A Qualifying Sponsor:
- A US citizen spouse, parent, child (over 21) or sibling can sponsor a family-based green card.
- A US employer can sponsor an employment-based green card.
- Lawful Entry:
- The TPS travel permit now provides lawful entry status when you reenter the US.
Steps for Family and Employment Sponsorship
- Family-Based Sponsorship:
- Your sponsor files Form I-130 (Petition for Alien Relative).
- After approval you file Form I-485 (Adjustment of Status) if you qualify.
- Employment-Based Sponsorship:
- Your employer files Form I-140 (Immigrant Petition for Alien Worker).
- Once the petition is approved and a visa number is available you can file Form I-485.
Steps to Apply for Residency With TPS
1. File for a Travel Permit (Form I-512T)
- File Form I-131 to request travel authorization.
- Once approved receive your TPS Travel Permit (Form I-512T).
- Use this permit to reenter the US legally which will be considered “inspected and admitted” for green card eligibility.
2. File Green Card Petition
- Make sure you have a qualifying sponsor (family or employer).
- Submit the appropriate petition (Form I-130 or I-140)
3. File Adjustment of Status (Form I-485)
- Once your petition is approved file Form I-485 to adjust your status to permanent residency.
- Submit all supporting documents.
4. Biometrics and Interview
- USCIS will schedule a biometrics appointment and possibly an interview to verify your eligibility.
- Bring evidence of your eligibility and lawful reentry to the interview.
Special Considerations for TPS Holders
Travel Risks With the TPS Permit
- Most TPS holders travel safely with the permit but your immigration history and any prior criminal or deportation issues may create problems.
- Always consult with an attorney before traveling.
Prior Deportation or Removal Orders
- If you have a prior deportation order you may need to process your green card application at a US consulate in your home country.
- Use the TPS travel permit to minimize the time you spend abroad during the application process.
- Some TPS holders may have inadmissibility issues such as the 3- or 10-year bars for unlawful presence.
- These bars may require a waiver:
- Form I-212 (Application for Permission to Reapply for Admission After Deportation).
- Form I-601 (Application for Waiver of Grounds of Inadmissibility).
More on USCIS Memo on TPS Holders’ Adjustment of Status
USCIS released a memo on July 1, 2022 titled “Rescission of Matter of Z-R-Z-C as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries.” This memo is a big change, TPS holders can now adjust status to permanent residency (green card).
By interpreting authorized travel by TPS holders as “inspected and admitted” the memo provides a clearer path for TPS beneficiaries to get green cards. It also creates a new travel authorization process for TPS holders.
Traveling Under TPS
TPS holders can apply for travel authorization, previously advanced parole. This allows them to leave and reenter the US for various reasons such as family emergencies or work.
Impact on Adjustment of Status Eligibility
Before the July 1 memo the issue of whether TPS holders returning under advanced parole met the “inspected and admitted” requirement for green card eligibility was a big question.
- Supreme Court ruling in Sanchez v. Mayorkas (2020): TPS status alone does not meet the “inspected and admitted” requirement for adjustment of status.
- August 2020 Policy Shift (Matter of Z-R-Z-C): TPS holders returning under advanced parole were not considered “inspected and admitted” and were blocked from adjusting status.
March 2022 Duarte v. Mayorkas: The 5th Circuit ruled TPS holders should not use advanced parole for reentry but can travel.
What’s the July 1 Memo?
- Adjustment of Status Eligibility
- TPS holders returning to the US after authorized travel are now “inspected and admitted” for green card purposes.
- This helps TPS holders who initially entered the US without inspection and wouldn’t otherwise meet eligibility.
- New Travel Authorization Process
- A new form I-512T (Authorization for Travel by a Noncitizen to the United States) replaces advanced parole for TPS holders.
- So TPS holders can reenter under a process designed for them.
- Policy Scope
- The policy applies to TPS holders who:
- Get travel authorization from USCIS.
- Have valid TPS during travel.
- Are inspected upon reentry at a US port of entry.
- Reenter under TPS-based travel authorization.
- For those who traveled before the memo, USCIS will apply this policy on a case by case basis.
- The policy applies to TPS holders who:
Why You Need Legal Help
The Role of Immigration Attorneys
Adjusting green card status as a TPS holder can be tricky especially if you have:
- A prior deportation or removal order.
- Criminal history or other inadmissibility issues.
- Concerns about reentry using the TPS travel permit.
Immigration attorneys can help you:
- Determine the best path to permanent residency.
- Fix any legal or procedural hurdles.
- Increase your chances of getting a green card.
Get Started
If you are a TPS holder and want to transition to permanent residency, do:
- Talk to an Immigration Attorney: Get a customized plan for your case.
- Apply for TPS Travel Permit: Get reentry eligibility.
- Start the Green Card Process: Work with a qualified sponsor to file the forms.
How to Apply for Temporary Protected Status (TPS)
The TPS application process is complex and requires attention to detail. Here’s a breakdown:
Gather Documents
You will need to provide:
- Proof of Nationality: Passport, birth certificate or other official documents.
- Proof of Entry: I-94 Arrival/Departure record or other documents showing U.S. entry.
- Proof of Residence: Utility bills, employment records, school records or other evidence.
- Fill out Form I-821, Application for Temporary Protected Status.
- If seeking EAD, file Form I-765, Request for Employment Authorization.
- Translations for any documents not in English.
Submit Required Forms
- Form I-821: Application for Temporary Protected Status.
- Form I-765: Request for Employment Authorization (optional).
- Form I-131: Application for Travel Document (if seeking travel authorization).
Pay Fees
You must pay the fees or file Form I-912 Fee Waiver Request if you cannot afford them.
Application Costs and Fee Waivers
- Form I-821 (TPS Application): $50 (free for re-registration)
- Form I-765 (Work Permit): $520 (free for under 14 or 65 and above).
Fee Waivers
If you cannot afford the fees you can:
- Fill out Form I-912 (Request for Fee Waiver).
- Provide proof of financial hardship.
- USCIS may require you to provide fingerprints, photos and signature for background check.
Respond to USCIS Notices:
- If additional evidence is requested, respond quickly to avoid delays or denials.
Wait for Decision:
- USCIS will notify you if approved or denied. Denied applicants can appeal or file a motion to reconsider.
Re-register for TPS
- TPS must be re-registered during each re-registration period to maintain benefits.
Re-registration steps:
- File a new Form I-821 during the re-registration period.
- Provide updated evidence if required.
- Request a new EAD by filing Form I-765 if applicable.
Consequences of Late Filing:
- Late re-registration may result in gaps in work authorization and TPS status
- Late re-registration may result in loss of TPS benefits.
Current Countries for TPS
- As of 2024:
- Afghanistan, El Salvador, Ethiopia, Haiti, Honduras, Venezuela, Syria, Ukraine, Somalia, Yemen and more.
- Recent Updates:
- Lebanon designated in October 2024 for 18 months.
- Haiti, Yemen and Somalia extensions are through 2026.
Challenges and Concerns
While TPS is a good program, it has its drawbacks and legal challenges:
- Uncertainty: Re-evaluation every few years leaves beneficiaries in limbo.
- Cost: High application and re-registration fees can be a burden.
- No Permanence: TPS does not offer a clear path to permanent status or citizenship.
Work Authorization:
- EADs may be extended through Federal Register notices or USCIS announcements.
- Some TPS beneficiaries may get automatic EAD extensions during the registration period.
- Expired EADs with USCIS receipt notice can be used as proof of work authorization under certain circumstances.
Travel Authorization:
- TPS holders must apply for travel document before leaving the U.S. Failure to do so may result in loss of TPS or denied re-entry.
Late Filing for TPS
Late Re-registration:
- If you miss the re-registration deadline, you can file late with a valid excuse. Late filing may result in gaps in work authorization.
Late Initial Filing:
- Initial applications can be filed late if:
- You had a pending asylum application during the original registration period.
- You are a dependent of a TPS eligible individual.
Travel Requirements for TPS Holders
To travel outside the U.S. on TPS:
- File Form I-131, Application for Travel Document.
- Get approval before leaving the U.S.; unauthorized travel may result in loss of TPS.
Common Mistakes to Watch Out For
- Missing Deadlines: Register and re-register on time to avoid gaps in benefits.
- Incomplete Applications: Check forms for errors and omissions.
- Traveling Without Authorization: Always get travel approval to maintain TPS.
How to Avoid Scams
TPS applicants should beware of unauthorized practitioners. For legal advice:
- Licensed immigration attorneys.
- Accredited representatives recognized by the Department of Justice.
What to Do if Your TPS Application is Denied
If your TPS application is denied, you can:
- Appeal: File an appeal to the USCIS Administrative Appeals Office (AAO).
- Removal Proceedings: If you are in removal proceedings, you can request a review by the immigration judge.
Select the country link for additional specific country information.
- Afghanistan
- Burma (Myanmar)
- Cameroon
- El Salvador
- Ethiopia
- Haiti
- Honduras
- Lebanon
- Nepal
- Nicaragua
- Somalia
- South Sudan
- Sudan
- Venezuela
- Yemen
More Information
- Update on Bhattarai v. Nielsen
- भट्टराइ बिरुद्द नेल्सन मुद्दाबारे पछिल्लो जानकारी (PDF, 1.44 MB)
- Dènye Nouvèl sou Plent Ramos Kont Nielsen an (PDF, 379.44 KB)
- تحديث بشأن راموس ضد نيلسين (PDF, 480.83 KB)
- Peyi ki Kalifye pou Pwogram TPS lan (Zafè Pwoteksyon Pwovizwa): Ayiti
Forms
- I-821, Application for Temporary Protected Status
- I-765, Application for Employment Authorization
- I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
- I-912, Request for Fee Waiver
- I-601, Application for Waiver of Ground of Inadmissibility
- In-Country Refugee/Parole Processing for Central American Minors
Tools
Non-USCIS Links
TPS Expansion Under Biden, the “TPS President”
Since January 2021, President Biden has expanded Temporary Protected Status (TPS) to give time limited legal status to immigrants from countries in crisis. This allows individuals to live, work and not be deported in the US.
He’s been called the “TPS President” for this, and has brought stability to hundreds of thousands of families and relief to employers.
Biden’s TPS Policy
- Coverage: Over 1.6 million from 17 countries are eligible for or have TPS.
- New Designations: 6 countries—Afghanistan (2022), Cameroon (2022), Ethiopia (2022), Myanmar (2021), Ukraine (2022), Venezuela (2021) and Lebanon (2024)—have been added since 2021.
- Renewals: Most countries have had their TPS extended so you remain eligible.
- Permanent Solutions: President Biden is calling on Congress to pass laws so TPS recipients can apply for green cards and eventually citizenship.
Renewals
Long standing TPS for El Salvador, Honduras and Nicaragua—some dating back over 20 years—have been renewed so immigrants from these countries can stay protected.
Efforts to Create Permanent Pathways
On his first day in office, President Biden called for legislation to allow TPS holders to apply for green cards and U.S. citizenship, citing their contributions to society and their long time residence in the U.S.
New Designations or Extensions:
- Since 2021, the Biden administration has made 18 new TPS designations or extensions for countries like:
- Venezuela
- Afghanistan
Biden’s Decision to Reversal of Trump’s Terminations
In June 2023 the Biden administration announced they would rescind the Trump administration’s termination of Temporary Protected Status (TPS) for over 300,000 individuals from El Salvador, Honduras, Nepal and Nicaragua. While this was a big win for TPS holders, it was not permanent and many are still in limbo. Here’s the breakdown of the announcement, what it means and the ongoing fight.
1. What Happened Under Trump?
Terminations of TPS:
- 2017-2018: President Trump terminated TPS for 6 countries:
- El Salvador
- Haiti
- Nicaragua
- Sudan
- Nepal
- Honduras
- These terminations were part of a broader effort to roll back humanitarian protections and were widely seen as discriminatory and political.
Legal Challenges:
- TPS holders and their U.S. citizen children filed an unprecedented lawsuit, Ramos v. Mayorkas, to stop the terminations.
- In 2018 the plaintiffs won a preliminary injunction and the terminations were halted and TPS holders could stay protected while the case continued.
2. The Biden Administration’s Actions
Reversing Trump’s Terminations:
- DHS rescinded Trump’s TPS terminations for El Salvador, Honduras, Nepal and Nicaragua.
- Extensions were given and over 300,000 TPS holders are temporarily protected.
What’s Missing:
- No Permanent Solution: The rescission doesn’t provide a pathway to permanent residency so TPS holders are still in limbo.
- Exclusions: Haiti and Sudan were redesignated for TPS earlier but not El Salvador, Honduras, Nepal or Nicaragua.
3. TPS Holders
A History of Uncertainty:
- Most TPS holders affected by these terminations have been in the U.S. for 20+ years, raising families, working in essential industries and contributing to their communities.
- For 5 years they lived with the threat of deportation due to legal battles and administrative delays.
Voices of TPS Holders:
- Elsy Flores de Ayala: A TPS holder and organizer with the National TPS Alliance said: “When Trump terminated TPS for me and my family we mobilized and never looked back. We know this is the bare minimum we deserve. We will continue to fight to protect our families.”
- Crista Ramos: The lead plaintiff in Ramos v. Mayorkas said: “Trump’s decisions would have separated my family. We’ve fought every step of the way to stay together and this fight doesn’t end today.”
4. Why This Fight Isn’t Over
Ongoing Advocacy:
- While the Biden administration’s rescission is progress, TPS holders and advocates say more is needed.
- Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at UCLA, said: “The Biden administration has given some protection but not permanent residency.”
The TPS Case in Court: What We Learned
Ramos v. Mayorkas
On February 26, 2024, TPS holders and their U.S. citizen children won a 6 year long legal battle that protected over 400,000 people from losing humanitarian protections under the Trump administration. While the Ramos v. Mayorkas case was a big win TPS holders and advocates say the fight for permanent residency and broader immigration justice is far from over.
1. Trump’s TPS Termination
Background:
- In 2017 and 2018 the Trump administration tried to terminate TPS for six countries:
- El Salvador
- Haiti
- Honduras
- Nepal
- Nicaragua
- Sudan
- TPS holders along with their U.S. citizen children filed the lawsuits Ramos v. Mayorkas and Bhattarai v. Mayorkas to challenge these terminations, citing racial discrimination and illegal conduct.
Ramos et al v. Mayorkas
- Filed: 2018, U.S. District Court, Northern District of California. Ramos v. Wolf
- Plaintiffs: 9 TPS holders and their U.S. citizen children.
- Claims:
- DHS violated the Administrative Procedure Act (APA) by changing long standing practices without explanation.
- DHS ignored new events in TPS-designated countries and only looked at original conditions.
- Terminations were motivated by racial and national origin bias, violating equal protection.
- District Court Ruling (2018):
- Issued a preliminary injunction against terminations for Sudan, Nicaragua, Haiti and El Salvador.
- Found evidence of discriminatory intent, citing Trump’s racist statements.
- Ninth Circuit Appeal:
- 2020 Panel Decision:
- Reversed the injunction, holding 8 U.S.C. § 1254a(b)(5) bars judicial review of TPS substantive decisions.
- Dismissed equal protection claims for lack of direct evidence of racial animus.
- 2020 Panel Decision:
- 2023 En Banc Review:
- Reversed the 2020 panel decision and set rehearing for June 2023
- Filed: March 12, 2018, in Northern California District Court.
- Biden Administration’s Action (2023): The administration reversed Trump’s terminations and extended TPS for over 300,000 people and redesignated Haiti and Sudan.
- Case Dismissed as Moot (December 2023): The federal court dismissed the Ramos case, saying the Biden administration would not reinstate the illegal terminations.For more information, access resources from the ACLU Southern California:
2. TPS Holders and Their Families
Stories:
- Crista Ramos: Lead plaintiff and daughter of a TPS holder: “I was in 8th grade when this started. Now I’m in college and dedicating myself to immigrant rights. We fought for our families and against the obvious injustice.”
- Jose Palma (National TPS Alliance): Salvadoran TPS holder : “We were told to pack our bags and leave but through unity and organizing we protected TPS. The fight continues for permanent residency”
Immigration Justice
Beyond TPS:
- As plaintiff Sajjan Pandey (Nepal) said “Our fight has never been about TPS alone. It’s about immigration justice for all.”
- Advocates are working to change the system to address the problems faced by millions of undocumented and temporarily protected immigrants in the US.
Power of Collective Action:
- The Ramos case shows the value of grassroots organizing, legal advocacy and political pressure in advancing immigrant rights.
Takeaways:
- Community Power: Many TPS holders noted how unity and organizing helped them through years of uncertainty and fear.
- Focus on Permanent Solutions: While this is a big win, TPS holders said their ultimate goal is permanent residency for all.
3. Advocacy and Legal Action
Advocates’ Work:
- A coalition of legal and advocacy organizations, including the ACLU Foundations of Northern and Southern California, Adhikaar and the National TPS Alliance, won legal protections.
- Jessica Bansal (Unemployed Workers United): “This case prevented a huge injustice but the fight isn’t over. TPS holders deserve the permanent protections they have earned.”
Legal and Community Action:
- The lawsuits and advocacy showed the power of grassroots organizing as TPS holders built political power and raised awareness about their contributions to US society.
Other Court Cases
In addition to Ramos, the U.S. Department of Homeland Security (DHS) has faced multiple legal challenges after terminating Temporary Protected Status (TPS) for several countries and Deferred Enforced Departure (DED) for Liberia.
These cases, brought by various organizations and individuals, argue the terminations are discriminatory, procedurally unfair or unconstitutional. This page summarizes the cases, the arguments and what it means for affected individuals.
Cases and Updates
- NAACP v. DHS
- Filed: January 24, 2018 in Maryland District Court.
- Issue: Claims the termination of TPS for Haiti is racially discriminatory and violates the Fifth Amendment’s Due Process Clause.
- Arguments:
- DHS did not properly assess conditions in Haiti, including housing, food security and public health after the 2010 earthquake.
- Systemic bias against immigrants of color, particularly Haitians.
- Current Status:
- Survived government motion to dismiss in March 2019.
- Plaintiffs are seeking an injunction to stop the termination of TPS for Haiti.
- Centro Presente v. Trump
- Filed: February 22, 2018 in Massachusetts District Court.
- Issue: Challenges TPS termination for El Salvador and Haiti as discriminatory under the Fifth Amendment’s Equal Protection and Due Process clauses.
- Expanded Scope:
- Honduran TPS holders were added to the case in May 2018.
- Court Ruling:
- The court denied the government’s motion to dismiss, saying the government didn’t provide enough evidence that the terminations weren’t discriminatory or arbitrary.
- Case is on hold pending Ramos et al v. Nielsen.
- Saget v. Trump
- Filed: March 15, 2018 in Eastern District of New York.
- Issue: TPS termination for Haiti is procedurally unfair under the APA and INA.
- Key Arguments:
- The administration didn’t follow required notice-and-comment rulemaking.
- Racial bias, citing President Trump’s comments.
- Court Ruling:
- Nationwide preliminary injunction issued in April 2019 to stop the termination of TPS for Haiti.
- Case is on appeal in the Second Circuit.
- Casa De Maryland, Inc. v. Trump
- Filed: March 23, 2018 in Maryland District Court.
- Issue: Claims TPS termination for El Salvador is discriminatory and violates the INA, APA and constitutional rights.
- Updates:
- INA claim dismissed, other claims allowed to proceed.
- Bhattarai et al v. Nielsen
- Filed: February 10, 2019 in Northern California District Court.
- Issue: TPS termination for Honduras and Nepal is a departure from established practice, violating APA and constitutional protections.
- Related to Ramos Case:
- Preliminary injunction in Ramos stops terminations for Hondurans and Nepalis while the case is pending.
- African Communities Together v. Trump
- Filed: March 8, 2019 in Massachusetts District Court.
- Issue: Challenges DED termination for Liberia, claims constitutional violations.
- Outcome:
- The Trump administration extended DED for Liberians by one year in March 2019.
- Case was dismissed in October 2019, court ruled DED terminations are discretionary and not reviewable.
- Moreno v. Nielsen
- Filed: February 22, 2018 in New York.
- Issue: DHS policy preventing TPS holders who entered without inspection from adjusting status under INA §245(a).
- Relief Sought:
- Declaration that the policy is invalid.
- Injunction to allow TPS holders in certain areas to adjust status if eligible.
- Central American Resource Center v. Cuccinelli
- Filed: August 26, 2020 in D.C.
- Issue: Challenges a USCIS policy change that prevents TPS holders with prior removal orders from adjusting status after reentry with permission.
- Claims:
- Policy violates APA and constitutional due process.
Common Claims In Litigation
Equal Protection Violations:
- Many cases claim terminations were discriminatory.
- Comments from administration officials are often used as evidence.
APA Violations:
- Terminations are sudden, not in accordance with established practice and not adequately explained.
Due Process Violations:
- Policies force U.S. citizen children of TPS holders into impossible choices, violating their rights.
Procedural Failures:
- No notice and comment as required by the APA.
Affected Individuals
- Legal Limbo: Cases in progress leave TPS and DED holders in limbo, unable to work, travel or plan for the future.
- Family Separation: U.S.-born children of TPS recipients are forced to make impossible choices because of their parents’ status.
- Economic and Social Costs: TPS and DED termination would displace tens of thousands of workers, disrupt communities and strain public resources.
Litigation Implications
Immediate Impact on TPS Recipients
- Injunctions: Stopped DHS from terminating TPS for key countries during the case.
- Extension of Documents:
- DHS extended TPS work permits and related documents
Outcomes
- If Terminations Are Allowed:
- TPS recipients from affected countries would lose status and be deportable.
- DHS has announced a 365-day grace period after final court decisions before enforcing terminations.
- If Terminations Are Reversed:
- TPS for affected countries may remain in effect indefinitely or until DHS decides otherwise.
How TPS Holders Qualify for Residency
- Cases like Ramos set important precedents on judicial review of immigration decisions and the balance of executive discretion under the INA.
Can Trump Make the Case That TPS Is No Longer Needed?
Case Study: Haiti Is Worse Off Today Than In 2010
Now that Trump has promised to end TPS for Haitians, it’s worth looking at the history of this program for Haitians and the country’s current situation.
How Haitians Got TPS:
- 2010 Earthquake: After a massive earthquake, the Obama administration granted TPS to Haitians because the country couldn’t absorb returnees.
- Ongoing Instability: Subsequent administrations extended TPS for Haitians due to political crises, human rights abuses, gang violence and natural disasters.
- Current Status: In 2021, President Joe Biden re-designated Haiti for TPS which now runs until February 2026. Over 200,000 Haitians are currently protected under the program. In many ways, Haiti is more dangerous and worse off than in 2010.
How Haitians Got TPS:
- 2010 Earthquake: After a massive earthquake, the Obama administration granted TPS to Haitians because the country couldn’t absorb returnees.
- Ongoing Instability: Subsequent administrations extended TPS for Haitians due to political crises, human rights abuses, gang violence and natural disasters.
- Current Status: In 2021, President Joe Biden re-designated Haiti for TPS which now runs until February 2026. Over 200,000 Haitians are currently protected under the program. In many ways, Haiti is more dangerous and worse off than in 2010.
Current Challenges in Haiti:
- Political Crisis: The assassination of Haitian President Jovenel Moïse in 2021 made the situation worse.
- Violence and Insecurity: Airports and commercial flights are under gunfire. Gang violence is widespread.
- Economic Collapse: Haiti’s economy and infrastructure are fragile and one of the least prepared countries to receive deportees.
Current Protections:
- Haitian TPS is until February 2026, a temporary reprieve for many migrants.
- Humanitarian parole is for those who arrived after June 3, 2023 TPS eligibility cutoff, so they can stay in the U.S. temporarily.
Haitians in Springfield, Ohio:
- Many Haitian migrants in Springfield came through the Biden administration’s parole program which requires participants to have vetted sponsors in the U.S.
- Others have had TPS since before the Biden administration expanded eligibility in June 2024.
- Springfield has 12,000-15,000 Haitian immigrants, most of whom are TPS or humanitarian parole. Many came because of Haiti’s political instability, gang violence and natural disasters.
Misinformation and Fallout:
- Trump has repeatedly spread misinformation about Haitian migrants in Springfield including during a debate that they were “eating their neighbor’s pets.”
- These lies have led to fear and violence:
- From September 10 to September 20, Springfield had over 35 threats of violence including bomb threats to schools, supermarkets and hospitals.
- Local colleges went to remote learning due to safety concerns.
Local Leaders Speak Out:
- Springfield officials, including Mayor Rob Rue, have called the rumors false and harmful: “there is no factual evidence to support this.”
- Ohio Governor Mike DeWine acknowledged the initial adjustment period for the influx of Haitian migrants but called them: “positive influences” in the community.
Local Leaders Speak Out:
- Haitian immigrants are filling critical jobs in industries with labor shortages in Springfield.
- The city estimates 12,000-15,000 immigrants (many of them Haitian) live in Clark County which has a population of 136,000.
Community:
- Haitian migrants are not only workers but part of the community, part of the social and cultural fabric.
What Can Trump Do to These Programs?
Ending TPS:
- Trump can refuse to renew TPS when it expires in February 2026 and leave recipients without protection. Advocacy groups are pushing for TPS for Nicaraguans fleeing oppression under President Daniel Ortega’s government.
- While termination before the expiration date is legally complicated, his administration can try to end it early and create a legal mess.
Ending Humanitarian Parole:
- Humanitarian parole is easier to cancel than TPS. Trump’s administration can cancel parole for Haitian migrants and leave thousands vulnerable to deportation if they don’t have other protections.
Limiting Future Designations:
- Trump can refuse to redesignate TPS for Haitians who arrived after June 3, 2023 cutoff and block new arrivals from being eligible.
Legal and Logistical Challenges
Mass Deportations:
- Trump has promised mass deportations but legal and logistical hurdles make immediate removals impossible.
- Deportation cases have to go through immigration courts which are backlogged.
- Each individual facing deportation is entitled to a hearing which delays removals.
Legal Battles:
- Previous attempts to terminate Haitian TPS under Trump were blocked by federal courts:
- In 2017, DHS tried to end TPS for Haiti, saying conditions had improved.
- In 2019 a federal judge ruled the administration’s decision was political and blocked termination.
Advocacy and Resistance:
- Organizations like Advocates for Basic Legal Equality (ABLE) will challenge civil rights violations and unlawful terminations of protections under a new Trump administration.
- Support Networks:
- Groups like Haitian Community Help and Support Center are building networks of immigration attorneys to help those facing legal challenges.
- Advocates emphasize the importance of knowing constitutional protections and preparing for Trump changes.
The Biden Administration
What Biden Can Do Before He Leaves:
- Extend TPS for Haiti: President Joe Biden can extend Haitian TPS before he leaves office but he must act now.
- New Designations: Advocates are advocating for TPS to be expanded to other vulnerable groups like Nicaraguans fleeing political persecution.
What Can Be Done to Save TPS?
Biden Administration’s Last Moves: Request New Designations
- Extend and expand registration periods for countries like El Salvador and Honduras where conditions are not safe.
- Advocates are demanding TPS for Nicaraguans where political repression under Daniel Ortega’s government has increased. Less than 3,000 Nicaraguans are covered by TPS granted after Hurricane Mitch in 1998 leaving many newer arrivals unprotected. There is an urgency for further TPS protections for Nicaraguans before President Joe Biden’s term potentially concludes.
- Advocacy groups are asking for additional designations for Guatemala, Colombia, Mauritania and Mali before Biden leaves office.
Advocacy:
Groups like National TPS Alliance and CASA are pushing for continued protections and for Congress to pass legislation.
Advocacy has blocked previous attempts to end TPS and can help defend the program under a new Trump administration
- Organizations and activists are mobilizing to demand:
- Extensions for Current Countries: Continued protections for current TPS recipients.
- Pathways to Citizenship: Advocating for permanent solutions like the Dream and Promise Act which would give TPS holders a path to legal residency and citizenship.
- Educate the public and policymakers on the economic and social contributions of TPS recipients. Advocates say protecting migrants is both a moral obligation and an economic necessity for the US workforce.
Congressional Action:
- Call to Action: Tell Congress to pass humane immigration reform for TPS holders.
- Dream and Promise Act (2019): Passed by the House, this bill would give a pathway to citizenship to TPS, DED and DACA recipients.
- U.S. Citizenship Act (S. 348): Comprehensive immigration reform with a pathway to citizenship for TPS holders.
- Bipartisan Efforts: Previous Senate bills like the 2013 immigration reform bill also had long term solutions.
Why Now
- Without legislation:
- Most TPS holders might be deported when their country’s designation ends.
- Families will be torn apart, with U.S. citizen children forced to choose between their parents and their home country.
- Communities will lose essential workers and local economies will suffer.
Why TPS Holders Need A Permanent Solution
Temporary Protected Status (TPS) allows individuals from designated countries to live and work in the United States when their home country is going through extreme conditions. While TPS protects recipients from deportation it does not inherently provide a path to lawful permanent resident (LPR) status (green card). This detailed explanation explains the current legal framework, past legislation and current proposals to address this gap.
Key Legal Framework for Adjustment of Status
No Automatic Path to LPR Status:
- TPS recipients are not eligible for LPR status but can apply through other avenues like family- or employment-based immigration if they meet certain requirements.
Eligibility for Adjustment of Status:
- Under Section 245(a) of the INA a person must have been “inspected and admitted or paroled” into the U.S. to adjust to LPR status.
For many TPS holders especially those who entered the U.S. illegally this requirement is a major hurdle.
Supreme Court Ruling:
- In June 2021 the U.S. Supreme Court ruled in Sanchez v. Mayorkasthat TPS status alone does not constitute “inspection and admission” under the INA. This decision limits the ability of some TPS holders to adjust status unless they entered the U.S. legally or were subsequently paroled.
Senate Supermajority Requirement:
- Section 244(h) of the INA requires a supermajority (3/5) in the Senate for any bill that would give TPS holders LPR status. This procedural hurdle makes it harder to pass legislation.
Past Legislation for Adjustment of Status
In the past Congress has passed laws allowing certain TPS or Deferred Enforced Departure (DED) recipients to adjust to LPR status. Here are a few examples:
1. Chinese Nationals Post-Tiananmen Square (1992):
- After the 1989 Tiananmen Square massacre Congress passed Public Law 102-404 allowing DED recipients to adjust to LPR status.
2. Nicaraguan Adjustment and Central American Relief Act (NACARA) (1997):
- This law gave LPR status to:
- Nicaraguans, Cubans, Guatemalans, Salvadorans and individuals from former Soviet bloc countries who had applied for asylum and lived in the U.S. for an extended period.
- Many Salvadorans and Guatemalans under TPS benefited from this law.
3. Liberian Refugee Immigration Fairness (LRIF) (2019):
- Part of the FY2020 National Defense Authorization Act this provision allowed Liberians who had been continuously present in the U.S. since November 20, 2014 and their families to apply for LPR status.
- Signed into law by President Trump it’s a model for addressing TPS recipients’ status through targeted legislation.
The American Dream and Promise Act
- Introduced: H.R. 6 (117th Congress, 2021) and H.R. 16 (118th Congress, 2023)
- Key Provisions:
- TPS recipients as of January 1, 2017 or DED recipients as of January 20, 2021 can apply for LPR status if they meet residency and eligibility requirements.
- TPS recipients are considered “inspected and admitted” for adjustment of status.
- Scope:
- 14 countries.
- Legislative Status:
- Passed the House in 2021 but stalled in the Senate. A new version H.R. 16 is pending in the 118th Congress.
Legislation in the 118th Congress: TPS and DED
In the 118th Congress many bills were introduced on TPS and DED covering a range of proposals. Some aim to expand benefits for TPS and DED recipients and others to limit eligibility and use. Below is a list of these bills, including new designations, increased access to federal benefits and LPR status.
Here are a few recent ones:
1. TPS Designations
Several bills would extend TPS eligibility to nationals of countries in crisis. These bills would prevent deportation and allow individuals to live and work in the U.S. temporarily. Examples:
- H.R. 2913, H.R. 7034, H.R. 7371, S. 3618:
- Bills to designate new countries for TPS due to ongoing conflicts or extraordinary conditions.
- Reason:
- Countries hit by natural disasters, political instability or armed conflict are often proposed for TPS so their nationals living in the U.S. can be safe.
2. Education for TPS and DED Beneficiaries
Some bills would provide federal financial aid for higher education to TPS and DED recipients recognizing education is key to economic contributions and social integration.
- Key Bills:
- H.R. 4117, H.R. 1701, S. 1963: Would make TPS and DED recipients eligible for federal financial aid, Pell Grants, loans and scholarships.
- Impact:
- These would open up educational opportunities that are currently not available to many TPS and DED recipients due to financial barriers.
3. Congressional Jobs
A few bills would open up federal congressional jobs to TPS and DED recipients to address the limitations on their participation in certain government positions.
- Key Bills:
- H.R. 1381, S. 672: Would make TPS and DED holders eligible to work in congressional offices.
- Importance:
- These bills would increase inclusivity in federal government employment, recognizing the value TPS and DED recipients can bring to policy making and administration.
4. TPS Beneficiaries and Military Service
Bills have been introduced to allow TPS holders to enlist in the U.S. military, recognizing their contributions to national security.
- Key Bill:
- H.R. 2913: Expands military enlistment eligibility to TPS beneficiaries.
- Goal:
- This would address military recruitment challenges and provide TPS holders with a path to permanent status through service.
5. Farm Workforce Modernization Act
- Versions Introduced: H.R. 1603 (117th Congress, 2021) and H.R. 4319 (118th Congress, 2023).
- Provisions:
- Creates a path for agricultural workers, including TPS and DED recipients, to transition to legal temporary status and then LPR status.
- Status:
- Passed House in 2021 but pending in 118th Congress
Pathways to Lawful Permanent Residency (LPR)
Several bills would give TPS and DED recipients a clear path to permanent residency.
- Notable Examples:
- H.R. 6 (American Dream and Promise Act of 2021, reintroduced in 2023): Would grant LPR status to TPS and DED beneficiaries who meet residency and other requirements.
- H.R. 3599 (DIGNIDAD Act): A comprehensive immigration reform bill that includes LPR adjustments for TPS recipients.
- Obstacles:
- Despite bipartisan support for some bills, political polarization and procedural hurdles (e.g. Senate supermajority requirements) are blocking these bills.
Restrictive Bills Targeting TPS Eligibility
While some bills expand benefits, others shrink TPS eligibility or add new restrictions.
1. Limiting Eligibility
Some bills would disqualify individuals based on criminal or political affiliations:
- Criminal Gangs: Makes gang members ineligible for TPS.
- Palestinian Authority Travel Documents: Bills would restrict TPS eligibility for individuals with travel documents from the Palestinian Authority.
2. Congressional Oversight
One bill would introduce broad measures to limit and regulate TPS:
- Congressional Approval for Extensions: Requires Congress to approve TPS designations beyond the initial extension.
- Restrictions on Reinstated Designations: Prohibits new designations for countries terminated within the last 18 months unless specific conditions are met.
- Limitations on Grounds of Inadmissibility: Reduces DHS’s ability to waive inadmissibility criteria for TPS applicants.
- Travel Restrictions: Adds new rules for TPS recipients traveling abroad.
Broader Legislative Trends
More Rights
- Bills expanding TPS and DED rights recognize the value of these individuals to the U.S. economy, communities and society. Education, military service and work opportunities are key themes in pro-expansion bills.
More Oversight and Restrictions
- On the other hand, restrictive bills aim to curb perceived TPS abuses. These measures focus on national security, tighter eligibility requirements and less DHS discretion in TPS.
Challenges and Next Steps
Political Obstacles
- Political Polarization:
- Immigration reform is a hot button issue with disagreements over border security and citizenship pathways derailing TPS related bills.
Senate Supermajority Requirement:
- 60 Senate votes are required to pass TPS adjustment bills making bipartisan support a must but hard to come by.
Niche Legislation:
- Past laws (e.g. NACARA and LRIF) were targeted to specific groups leaving many TPS recipients without a clear path to LPR status.
Judicial Decisions:
- Court cases like Sanchez v. Mayorkas show the limits of current law and the need for legislative solutions.
Complex Legislative Process
- Many bills face procedural hurdles, including Senate supermajority requirements.
Advocacy and Public Awareness
- Advocacy groups and community organizations are pushing for more protections and benefits for TPS and DED recipients, highlighting their economic and social contributions.
No Adjustment Pathway Consequences
- Legal and Financial Uncertainty:
- TPS recipients are often stuck in limbo, unable to invest in homes, businesses and communities.
- Families:
- Many TPS recipients have U.S. citizen children or spouses, deportation would be a disaster for mixed status families.
- Economic Contributions:
- TPS recipients contribute to the U.S. economy particularly in healthcare, agriculture and construction. A pathway to LPR status could amplify these contributions.
State by State Demographic Breakdown of TPS Recipients
TPS recipients, individuals allowed to stay in the U.S. due to unsafe conditions in their home countries, are in all 50 states, D.C. and U.S. territories. As of March 2024 there are 863,880 TPS recipients. This article will look at the distribution of TPS recipients, key states, regional demographics and overall implications.
States with the Most TPS Recipients
Florida: TPS Central
- Total Recipients: 295,720 (34% of all TPS holders).
- Key Demographics:
- Venezuelans: 57% of Florida’s TPS population.
- Haitians: 35%.
- Why Florida?
- Florida’s proximity to Latin America and the Caribbean and established immigrant communities makes it the top state for TPS holders. Cities like Miami and Orlando are TPS hotspots.
- Economic Impact:
- TPS holders in Florida contribute to industries like hospitality, construction and healthcare.
Texas
- Total Recipients: 93,680.
- Demographics:
- Mostly Venezuelans and Central Americans (El Salvador, Honduras and Nicaragua).
- Why Texas?
- Large economy and jobs attract immigrants. Border proximity and existing diaspora communities help migration.
New York: Diverse TPS Population
- Total Recipients: 67,840.
- Demographics:
- Haitians, Venezuelans and Central Americans.
- Why New York?
- Known for its immigrant population, New York has resources and community support for TPS holders, particularly in NYC and Long Island.
California: Migrant Magnet
- Total Recipients: 67,800.
- Demographics:
- Central Americans, Haitians and African nations.
- Why California?
- California’s reputation as a welcoming state and strong immigrant networks attracts TPS holders. Opportunities in agriculture, tech and service industries.
Other States with 10,000+ TPS Recipients
Besides the top 4 states, 12 others have over 10,000 TPS recipients:
- New Jersey: 31,480.
- Key Communities: Venezuelans and Central Americans, Newark and Paterson.
- Industries: Healthcare and service sectors.
- Georgia: 29,630.
- Key Communities: Central Americans and Venezuelans, Atlanta.
- Industries: Construction and agriculture.
- Maryland: 28,700.
- Key Communities: Salvadorans make up the majority of Maryland’s TPS population.
- Why Maryland?
- Suburban areas near Washington, D.C. have jobs and community support.
- Massachusetts: 27,780.
- Key Communities: Haitians make up a large part of the state’s TPS population.
- Industries: Education and healthcare sectors.
- Key Communities: Haitians make up a large part of the state’s TPS population.
- Virginia: 26,080.
- Key Communities: Salvadorans and other Central Americans in Northern Virginia.
- Why Virginia?
- Proximity to the Washington, D.C. metro area has economic and social opportunities.
- North Carolina: 22,140.
- Key Communities: Central Americans (Hondurans and Salvadorans).
- Industries: Manufacturing and agriculture.
- Illinois: 19,730.
- Key Communities: Chicago is a TPS hotspot with large Salvadoran and African populations.
- Industries: Hospitality and service sectors.
- Indiana: 18,775.
- Why Indiana?
- Affordable living and jobs in manufacturing and agriculture.
- Why Indiana?
- Ohio: 12,775.
- Key Communities: Central Americans and Venezuelans.
- Why Ohio?
- Urban areas like Columbus and Cleveland have jobs and community networks.
- Pennsylvania: 11,955.
- Key Communities: Philadelphia has a large Venezuelan and Haitian population.
- Tennessee: 10,295.
- Key Communities: Central Americans and Africans, Nashville.
- Utah: 10,215.
- Key Communities: Venezuelans make up the majority of Utah’s TPS population.
- Industries: Tech and service sectors attract TPS holders.
States with Growing TPS Populations
While smaller in numbers, some states are seeing TPS growth due to local job markets and affordability:
- Colorado: 6,590 (Haitian and Venezuelan communities).
- Connecticut: 5,510 (diverse immigrant population, Haitians and Central Americans).
- South Carolina: 5,835 (agriculture and manufacturing growth).
- Washington: 9,500 (diverse population, Central Americans and Africans).
Smaller States and Territories
While fewer TPS recipients live in these areas, they are still important pockets of diversity:
- Hawaii: 230.
- Montana: 155.
- Vermont: 80.
- Wyoming: 130.
- U.S. Territories:
- U.S. Virgin Islands: 2,560.
- Puerto Rico: 610.
Total TPS Recipients
- Nationwide Total: 863,880 as of March 31, 2024.
- Geographic Distribution:
- 34% of TPS recipients live in Florida.
- Top 4 states (Florida, Texas, New York, California) account for 60% of all TPS holders.
- Key Points:
- Gateway states are still dominant, but Utah and Tennessee are emerging as new TPS hubs.
Economic Impact of TPS
TPS holders are crucial to the U.S. economy in:
- Hospitality: Florida and Nevada.
- Agriculture: California, Texas, North Carolina.
- Healthcare: Maryland and New Jersey.
- Manufacturing: Indiana, Ohio, and Tennessee draw TPS holders due to job opportunities.
Employment and Earnings
TPS holders have high labor force participation and many achieve financial stability and career advancement over decades in the U.S.
Key Facts (2021 data)
- Total Income:
- $10.3 billion for all TPS households in the U.S.
- Top States by Employment Rates:
- Virginia: 97.5%
- Maryland: 95.9%
- National Average: 94.6%
- Industry Representation:
- TPS holders work in multiple sectors, filling labor gaps in agriculture, education, healthcare and service industries.
State Examples
- Virginia:
- 97.5% employment rate among TPS holders, major contributions in healthcare and education.
- Florida:
- TPS population earned $1.6 billion, $1.2 billion in purchasing power.
Tax Contributions
TPS holders are good taxpayers, paying into public programs but not eligible for most federal benefits.
Federal Contributions
- Support entitlement programs like Social Security and Medicare so seniors can age in the U.S.
State and Local Contributions
- $1 billion annually to state and local services including:
- Public education
- Emergency services
- Infrastructure projects
Underutilization of Public Benefits
- TPS holders are not eligible for most federal programs including:
- SNAP (Supplemental Nutrition Assistance Program)
- TANF (Temporary Assistance for Needy Families)
- Regular Medicaid (only for emergencies)
They pay more in taxes than they can access in benefits.
Consumer Spending and Purchasing Power
TPS holders are key consumers in the U.S. economy. Their spending supports small businesses, local economies and the service sector.
Key Facts (2021 data)
- Spending Power:
- TPS households kept $8 billion after taxes and spent it.
- Service Industry Support:
- 80% of U.S. jobs are in the service sector which is driven by consumer spending.
- Local Impact:
- Spending supports everyday services like restaurants, retail and entertainment.
State Examples
- California:
- TPS households had $1.5 billion in spending power, critical to the state’s economy.
- Texas:
- TPS holders spent $1.2 billion, in construction and retail.
Entrepreneurship and Business Ownership
TPS holders are high entrepreneurs, creating jobs and reviving local communities.
- Entrepreneurship Rate:
- 14.5% of TPS holders were self-employed, compared to 9.3% of U.S.-born workers.
- Business Income:
- $1.5 billion in business income from 38,100 TPS entrepreneurs.
- State Breakdown:
- Florida: 8,200 TPS self-employed generated $608.5 million in business income.
- California: 7,800 TPS entrepreneurs generated $224.8 million.
Community Revitalization
- Haitian TPS holders transformed Mount Olive, North Carolina by buying abandoned homes and opening businesses.
- Salvadoran TPS holders revived declining suburbs in the Washington, D.C. area.
Housing and Real Estate
TPS holders buy homes and pay property taxes, strengthening housing markets.
Key Facts
- Homeownership:
- 41% of TPS households owned homes, worth $19 billion.
- Rental Market:
- TPS renters contributed $1.3 billion annually.
- Neighborhood Revitalization:
- Immigrants often stabilize declining neighborhoods, attracting U.S.-born residents and increasing property values.
State-Level Impact
- TPS holders have a big impact in key states, varying by state.
Top States (2021 data)
- Florida:
- TPS population: 65,200
- Income: $1.6 billion
- Spending Power: $1.2 billion
- California:
- TPS Population: 60,100
- Income: $1.9 billion
- Spending Power: $1.5 billion
- Texas:
- TPS Population: 55,400
- Income: $1.5 billion
- Spending Power: $1.2 billion
- New York:
- TPS Population: 29,600
- Income: $1 billion
- Spending Power: $743.9 million
Economic Impact of TPS Termination
Terminating TPS designations would have huge economic consequences:
- Gross Domestic Product (GDP):
- $45.2 billion GDP loss over 10 years if TPS designations for El Salvador, Honduras and Haiti are terminated.
- Social Security and Medicare:
- $6.9 billion reduction in contributions over 10 years.
Higher Prices
- Terminating TPS would mean higher prices as industries dependent on TPS workers face labor shortages.
- Disproportionate impact on states like Florida. Local economies in states like Florida where TPS holders are a big part of the population would be hit harder.
Employment Breakdown for TPS Holders
Based on 2017 survey:
- Male TPS Workers: Construction (23%), driving/delivery (13.7%), building maintenance (7.3%).
- Female TPS Workers: Cleaning (27.9%), childcare (6.6%), food preparation (5.2%)
- They work in industries with workforce shortages:
- Direct care for older adults and individuals with disabilities: Immigrants are 28% of this workforce, 17% of the overall labor force.
- Manufacturing: In Northwest Ohio, TPS workers are a third of the workforce at Jeep, Ford and Stellantis plants.
- During the COVID-19 pandemic, 131,300 TPS holders were essential workers.
FAQs on Temporary Protected Status (TPS) and What to Expect Under a Future Trump Administration in 2025
General Information on TPS
2025 Policy Changes
What TPS Holders Can Do
Possible Scenarios
Other Questions and Scenarios
General TPS Information
Under a Trump Administration
What TPS Holders Should Do Now
Termination Scenarios
Misc
Long Term
As TPS uncertainty looms with a Trump administration in 2025, TPS holders are right to be fearful and anxious about their future. The road ahead requires proactive steps, planning and knowledge of legal rights and options.
At Herman Legal Group we know the weight of this moment for TPS holders and their families. With decades of experience, deep legal knowledge and a human touch we are here to provide clear guidance and customized solutions to protect your status and your future.
Navigating immigration law requires expertise but also empathy for the human being behind each case. We are here to be with you and fight for your rights. Don’t go through this alone—contact Herman Legal Group today to schedule a consultation and start feeling better.
MORE TPS RESOURCES
- Jill H. Wilson, Temporary Protected Status and Deferred Enforced Departure (Washington, DC: Congressional Research Service, updated May 28, 2024), p.6, https://sgp.fas.org/crs/homesec/RS20844.pdf.
- U.S. Citizenship and Immigration Services, “Form I-821, Application for Temporary Protected Status Receipts, Approvals, Denials, and Pending by Country of Designation (Fiscal Year 2024, Q2),” June 12, 2024, https://www.uscis.gov/sites/default/files/document/reports/i821_radp_fy2024_q2.xlsx.
- U.S. Citizenship and Immigration Services, “Policy Memorandum PM-602-0188, Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries,” July 1, 2022, https://www.uscis.gov/sites/default/files/document/memos/PM-602-0188-RescissionofMatterofZ-R-Z-C-.pdf; U.S. Citizenship and Immigration Services, “Temporary Protected Status,” https://www.uscis.gov/humanitarian/temporary-protected-status, last accessed June 13, 2023.
- U.S. Citizenship and Immigration Services (USCIS), “Temporary Protected Status,” last reviewed/updated June 20, 2024, https://www.uscis.gov/humanitarian/temporary-protected-status.
- Extension and Redesignation of Afghanistan for Temporary Protected Status, 88 Fed. Reg. 65728 (September 25, 2023),
- Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013); Velasquez v. Barr, 979 F.3d 572 (8th Cir. 2020); Ramirez v. Brown, 852 F.3d 954, 958 (9th Cir. 2017); Sanchez v. Sec. U.S. Dept. of Homeland Sec., 967 F.3d 242 (3d Cir. 2020), cert. granted sub nom. Sanchez v. Wolf, 20-315, 2021 WL 77237 (U.S. Jan. 8, 2021); Solorzano v. Mayorkas, F.3d , No. 19-50220, 2021 WL 365830 (5th Cir. Feb. 3, 2021); Serrano v. United States Attorney General, 655 F.3d 1260 (11th Cir. 2011).
- Sanchez v. Mayorkas, 593 U.S. (2021), https://www.supremecourt.gov/opinions/20pdf/20-315_q713.pdf.
- U.S. Citizenship and Immigration Services, “Policy Memorandum PM-602-0188, Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries,” July 1, 2022, https://www.uscis.gov/sites/default/files/document/memos/PM-602-0188-RescissionofMatterofZ-R-Z-C-.pdf.
- U.S. Citizenship and Immigration Services, “Deferred Enforced Departure,” last updated October 20, 2021, https://www.uscis.gov/humanitarian/deferred-enforced-departure.
- Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated April 19, 2022), https://crsreports.congress.gov/product/pdf/RS/RS20844/63.
- U.S. Census Bureau, 1-year 2021 American Community Survey public use microdata samples, retrieved from Integrated
Public Use Microdata Series (updated November 30, 2022), https://usa.ipums.org/usa/index.shtml. - Muzaffar Chishti and Kathleen Bush-Joseph, “In the Twilight Zone: Record Number of U.S. Immigrants Are in Limbo Statuses,” Migration Policy Institute (August 2, 2023), https:// www.migrationpolicy.org/article/twilight-immigration-status.
- Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated July 28, 2023), https://crsreports.congress.gov/product/pdf/RS/RS20844/68.
- Patricia Guadalupe, “Immigrants protected in U.S. for decades face another year of uncertainty,” NBC News (December 28, 2018), https://www.nbcnews.com/news/
latino/immigrants-protected-u-s-decades-face-another-
year-uncertainty-n949976; U.S. Citizenship and Immigration Services, “Temporary Protected Status Designated Country: Honduras” (March 27, 2019), https://www.uscis.
gov/humanitarian/temporary-protected-status/temporary- protected-status-designated-country-honduras. - National Immigration Forum, “Fact Sheet: Immigrants and Public Benefits” (August 21, 2018), https://immigrationforum. org/article/fact-sheet-immigrants-and-public-
- Alison Siskin, “Noncitizen Eligibility for Federal Public Assistance: Policy Overview” (Congressional Research Service, December 12, 2016), https://fas.org/sgp/crs/misc/ RL33809.pdf.
- Immigrant Legal Resource Center, “Understanding the Criminal Bars to the Deferred Action for Childhood Arrivals” (October 26, 2012), https://www.ilrc.org/sites/default/files/ documents/ilrc-2012-daca_chart.pdf; Kristina Gasson, “Temporary Protected Status (TPS): Who Is Eligible?,” NOLO, https://www.nolo.com/legal-encyclopedia/temporary-protected-status-tps-who-is-eligible.html#:~:text=Continuous%20residence%20in%20the%20United,physical%20presence%20requirement%20apply%20here.
- Bureau of Labor Statistics, “Employment by Major Industry Sector” (updated September 8, 2022), https://www.bls.gov/ emp/tables/employment-by-major-industry-sector.htm.
- Detailed methodology of estimating the spending power and tax contribution can be found in the Appendix.
- Mike Charbonneau, “‘Little Haiti’ Springs Up in Wayne County Town,” WRAL News (February 15, 2012), www.wral.com/news/local/video/10736819/; Damian Paletta, “Haitian immigrants revived America’s turkey town. This Thanksgiving together might be their last,” The Washington Post (November 20, 2018), https://www.washingtonpost.com/ business/economy/haitian-immigrants-revived-americas-turkey-town-this-thanksgiving-together-might-be-their-last/2018/11/20/7cb258d0-e78f-11e8-b8dc-66cca409c180_ story.html.
- Carolyn Gallaher, “This region has one of the nation’s largest Salvadoran communities. A federal program puts that in jeopardy.,” Greater Greater Washington (August 23, 2017), https://ggwash.org/view/64531/dc-has-one-of- the-nations-largest-salvadoran-communities.-a-federal- program#:~:text=Immigrants.
- New American Economy, “The Impact of Immigration on the Housing Market,” https://www.newamericaneconomy.org/housingmap/.
- New American Economy, “How 40 Million Immigrants Create Housing Wealth and Stabilize Communities,” https://www.newamericaneconomy.org/housing/.
- Ibid.
- Michal Rubaszek and Margarita Rubio, “Does the rental housing market stabilize the economy? A micro and macro perspective,” Empirical Economics, Vol. 59, pgs. 233-257, 2020 (February 12, 2019), https://link.springer.com/ article/10.1007/s00181-019-01638-z.
- Lautaro Grinspan, “Here’s Why the Fate of TPS Has Such Major Implications for DC,” Washingtonian (October 16, 2018), https://www.washingtonian.com/2018/10/16/temporary-
protected-status-tps-el-salvadoran-community-washington- dc-trump-federal-judge/. - Amanda Baran, Jose Magana-Salgado, and Tom K. Wong, “Economic Contributions by Salvadoran, Haitian, and Honduran TPS Holders: The Cost to Taxpayers, GDP, and Businesses of Ending TPS” (Immigrant Legal Resource Center, April 2017).
- Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated August 9, 2021), https://crsreports.congress.gov/product/pdf/RS/RS20844/62.
- George J. Borjas, “The Labor Supply of Undocumented Immigrants,” NBER Working Papers 22102 (National Bureau of Economic Research, Inc., 2016), https://ideas.repec.org/p/nbr/ nberwo/22102.html.
- Donald Kerwin and Robert Warren, “A Statistical and Demographic Profile of the US Temporary Protected Status Populations from El Salvador, Honduras, and Haiti” (Center for Migration Studies, 2017), https://cmsny.org/publications/jmhs- tps-elsalvador-honduras-haiti/.
- Congressional Research Service, Temporary Protected Status and Deferred Enforced Departure (updated April 19, 2022),https://crsreports.congress.gov/product/pdf/RS/RS20844/63.
- Institute on Taxation and Economic Policy, “Who Pays? A Distributional Analysis of the Tax Systems in All 50 States, 6th Edition,” (October 2018), https://itep.org/whopays/.
- Congressional Budget Office, “The Distribution of Household Income and Federal Taxes, 2019,” (updated November 15, 2022), https://www.cbo.gov/publication/58353
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!
Are you seeking a trusted Columbus immigration lawyer? Whether you’re applying for a visa, defending against deportation, or pursuing U.S. citizenship, finding the right immigration attorney in Columbus is essential to a successful outcome.
Many top Columbus immigration lawyers have graduated from Capital University Law School, highlighting their local expertise and community ties.
This guide covers everything you need to know to select an immigration attorney who understands your needs, offers specialized immigration services here, and supports you through the often complex U.S. immigration process.
Why You Need an Immigration Attorney in Columbus
The U.S. immigration system is complex and filled with intricate rules and regulations. A Columbus immigration lawyer provides essential guidance, personalized strategies, and support for your immigration case throughout. Key reasons to hire an immigration attorney in Columbus include:
- In-depth Knowledge of Immigration Law: Immigration lawyers are trained in all aspects of immigration law, from family-based visas and work permits to deportation defense and citizenship.
- Strategic Case Management: A skilled attorney will build a tailored strategy, ensuring that your application, documentation, or defense is prepared correctly.
- Advocacy and Legal Representation: If you face deportation or removal, an immigration lawyer can represent you in immigration court, providing critical advocacy for a favorable outcome.
Many Columbus immigration lawyers have practiced immigration law for over a decade, emphasizing their extensive experience in dealing with deportation and removal proceedings, as well as their work with the USCIS and involvement in appeals to higher courts.
Columbus has many experienced immigration attorneys known for their commitment to clients, community advocacy, and success in handling a wide range of immigration issues.
What Services Does a Columbus Immigration Lawyer Provide?
Immigration attorneys in Columbus offer a variety of services, each tailored to specific legal needs. Understanding the services available can help you determine which immigration lawyer in Columbus is best suited to provide assistance and for your case:
1. Family-Based Immigration
Family Visa Applications: Immigration attorneys help U.S. citizens and green card holders petition for spouses, fiancés, parents, children, or other family members to come to the U.S. under family-based visas. Columbus immigration lawyers specialize in family-based immigration matters, including fiancé and spousal visas, and address the procedural intricacies involved in obtaining immigrant visas and naturalization for families.
Adjustment of Status: For individuals already in the U.S. who wish to obtain a green card, Columbus immigration lawyers manage adjustment of status applications to ensure compliance with U.S. Citizenship and Immigration Services (USCIS) requirements.
Waivers for Grounds of Inadmissibility: If your family member is deemed inadmissible due to specific reasons, an immigration attorney can apply for waivers that may allow them entry.
2. Employment-Based Immigration
- H-1B and Specialty Visas: Columbus immigration attorneys assist skilled professionals in obtaining work visas, such as the H-1B, which allows U.S. companies to hire foreign workers in specialty occupations.
- Permanent Employment-Based Visas (Green Cards): For those seeking permanent residence through employment, attorneys in Columbus can guide you through EB-1, EB-2, or EB-3 visa applications, including labor certification processes.
- Investor and Entrepreneur Visas: Certain Columbus immigration lawyers specialize in helping investors secure EB-5 visas or E-2 investor visas for entrepreneurial endeavors in the U.S.
3. Deportation Defense
Facing deportation or removal is a serious matter, often involving complex legal procedures. A Columbus immigration lawyer with experience in deportation and removal defense, can develop strategies to protect you, including:
- Representation in Immigration Court: An immigration attorney in Columbus represents you during hearings, challenging the grounds for deportation and presenting evidence on your behalf.
- Applications for Cancellation of Removal: Some individuals may qualify to cancel removal proceedings if they meet specific criteria. A Columbus immigration lawyer can assess your eligibility and guide you through the application process.
- Asylum Claims: If returning to your home country would endanger you due to persecution, a lawyer can assist in filing for asylum as a form of deportation defense.
Columbus immigration lawyers also have extensive experience in handling immigration appeals before the Board of Immigration Appeals (BIA) and other appellate courts.
4. Citizenship and Naturalization
Becoming a U.S. citizen offers numerous benefits, but the naturalization process can be complicated. Columbus immigration attorneys help clients navigate the complexities of immigration laws to achieve citizenship. They assist with:
- Eligibility Assessment: Immigration attorneys review your status and ensure you meet the requirements for naturalization, including residency, language proficiency, and moral character.
- Application Assistance: Lawyers ensure that all paperwork is completed accurately and help prepare you for the naturalization interview.
- Oath of Allegiance Preparation: The final step in becoming a U.S. citizen involves an oath ceremony, and an immigration lawyer can ensure all requirements are completed in preparation.
How to Find the Best Immigration Attorney in Columbus
Choosing the best Columbus immigration lawyer requires careful consideration of their qualifications, reputation, and ability to handle cases like yours. Here are steps to finding a trusted immigration attorney in Columbus:
1. Conduct Research and Compare Law Firms
Begin by researching immigration attorneys in Columbus using online resources. Reputable directories like the Justia Lawyer Directory and American Immigration Lawyers Association (AILA) can help you locate attorneys who specialize in immigration law. Look for lawyers with verified profiles, positive reviews, and specific experience in immigration cases.
2. Evaluate Experience and Specialization
Immigration law covers various areas, so finding skilled immigration lawyers in the state capital Columbus who specialize in your specific needs is crucial:
- Check Credentials: Confirm that the lawyer is licensed in Ohio and has no disciplinary history. Experience with cases similar to yours is invaluable.
- Professional Affiliations: Membership in associations like AILA indicates dedication to staying updated on the latest immigration policies and regulations.
- Languages and Cultural Awareness: If English is not your first language, consider a lawyer who speaks your native language or has multilingual staff to ease communication.
3. Read Client Reviews and Testimonials
Client feedback is a valuable resource when selecting an immigration lawyer in Columbus. Check reviews on sites like Avvo and Google My Business to understand past clients’ experiences. Look for attorneys with consistent positive feedback, particularly in handling cases similar to yours.
4. Schedule Initial Consultations
Most Columbus immigration lawyers offer initial consultations, often at a reduced fee or even free. During this meeting, you can discuss your case, ask questions, and evaluate if the attorney is a good fit. Key topics to cover include:
- Experience with Similar Cases: Ask about specific cases the lawyer has handled that resemble yours and the outcomes.
- Case Strategy: The lawyer should outline a general strategy based on the details of your case.
- Fee Structure: Be transparent about costs. Immigration attorneys may charge hourly or fixed fees, so clarify this upfront.
Top Columbus Immigration Lawyers
Several immigration attorneys in Columbus stand out for their expertise combined experience, successful track record, and dedication to client advocacy. Here’s a look at some highly regarded Columbus immigration lawyers:
1. Richard T. Herman – Herman Legal Group
Richard T. Herman is a top-rated Columbus immigration lawyer with over two decades of experience. His firm, Herman Legal Group, provides comprehensive immigration law services, covering family-based immigration, employment-based visas, deportation defense, and more. Known for his compassion and dedication, Herman is a respected figure in Ohio’s immigration law community.
- Specialties: Family-based immigration, work visas, and deportation defense
- Reputation: Featured in Super Lawyers, known for client-centered service and effective case management
- Website: Herman Legal Group
2. Margaret Wong – Margaret W. Wong & Associates
Margaret Wong is a highly experienced immigration attorney known for handling complex cases, including deportation defense and asylum. Her Columbus law firm also assists clients with a range of immigration matters, from family petitions to investor visas.
- Specialties: Deportation defense, family immigration, and asylum cases
- Reputation: Recognized nationally for success in challenging cases
- Website: Margaret W. Wong & Associates
3. Erin P. Brown – Brown Immigration Law
Erin P. Brown leads the employment-based immigration division at Brown Immigration Law. She helps corporations and skilled professionals navigate work visas, making her firm an excellent choice for employment-related immigration needs in Columbus.
- Specialties: Employment-based immigration and corporate legal services
- Reputation: Known for a client-focused approach and corporate expertise
- Website: Brown Immigration Law
Understanding Costs of Hiring an Immigration Lawyer in Columbus
Legal fees can vary based on case complexity and the services required. Here’s an overview of common cost structures:
Flat Fees vs. Hourly Rates
- Flat Fees: Many Columbus immigration lawyers offer flat fees for specific services, such as family visa applications or naturalization processes. This structure provides predictability in costs.
- Hourly Rates: For cases requiring court appearances or ongoing support, hourly billing is common. Average hourly rates for immigration lawyers in Ohio can range from $150 to $500, depending on the lawyer’s experience.
Factors Impacting Costs
The complexity of your case will impact the total costs. Cases involving court appearances, appeals, or extensive documentation will generally be more expensive. Transparent fee discussions during the initial consultation help avoid surprises.
Common Immigration Challenges and How Columbus Lawyers Can Help
Immigrants face many challenges, from visa delays to complex deportation cases. Here’s how a Columbus immigration attorney can provide essential support:
- Visa Applications and Renewals: Lawyers assist with all aspects of visa applications, ensuring accuracy to avoid denials due to errors or incomplete documentation.
- Deportation Defense: Immigration attorneys develop strategies to challenge deportation, including pursuing cancellation of removal, asylum, or waivers based on hardship.
- Citizenship and Naturalization: Attorneys guide clients through the naturalization process, helping them meet eligibility requirements and prepare for interviews.
Columbus immigration lawyers offer comprehensive immigration law services to assist clients with various immigration law issues, including employment-based and family-based immigration, as well as deportation litigation.
The Role of Professional Associations and Community Involvement
Professional associations and community involvement significantly enhance a Columbus immigration lawyer’s effectiveness. Membership in groups like AILA or the Federal Bar Association provides access to continuous learning and legal updates, ensuring lawyers stay at the forefront of immigration law developments.
Advocacy and Outreach
Columbus immigration attorneys often engage in community outreach, hosting workshops, legal clinics, and webinars to educate and support immigrants. Initiatives like these foster a supportive environment, ensuring that Columbus’s immigrant community feels empowered and informed.
Choosing the Right Immigration Lawyer in Columbus
Finding the right Columbus immigration lawyer requires thorough research and careful consideration of the lawyer’s experience, services, and client reviews.
By focusing on attorneys who specialize in your specific immigration needs, scheduling consultations, and clarifying costs, you can select a lawyer equipped to guide you successfully through the immigration process.
A skilled Columbus immigration attorney can be an invaluable ally, helping you navigate visa applications, defend against deportation, or achieve citizenship. With the right legal support, you can pursue your immigration goals with confidence and clarity.
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!
Cómo Prepararse AHORA para la Próxima Solicitud de Alivio Bajo el Nuevo Programa de Inmigración de Biden
Por: Richard T. Herman, Esq.
La administración del presidente Biden ha anunciado una nueva política de inmigración para proteger a los cónyuges y niños indocumentados de ciudadanos estadounidenses, abordando el sistema de inmigración roto y proporcionando visas de trabajo para los titulares de DACA con títulos universitarios. Esta guía le llevará a través de lo que sabemos ahora del proceso de solicitud, elegibilidad, documentos requeridos y problemas comunes que pueden surgir, con ejemplos de la vida real y puntos de datos para ayudarle a entender.
El 18 de junio de 2024, el presidente Joe Biden anunció un nuevo programa de inmigración, “Mantener a las Familias Unidas”, que permitirá a algunos cónyuges de ciudadanos estadounidenses solicitar “parole-in-place” con el Departamento de Seguridad Nacional (DHS). Este programa aún no está abierto para solicitudes y beneficiará hasta a 550,000 personas con protecciones temporales y permisos de trabajo en los EE.UU., y la capacidad de solicitar el estatus de residente permanente legal (LPR) (tarjeta verde) a través de su cónyuge sin ser separados de sus familias durante años.

DHS: Protegiendo a las familias y
manteniéndolas juntas
El secretario del DHS, Alejandro N. Mayorkas, emitió esta declaración:
“Hoy, el Departamento de Seguridad Nacional está tomando medidas para mantener a las familias estadounidenses unidas y acabar con el miedo y la incertidumbre que estas familias enfrentan cuando un cónyuge es ciudadano estadounidense y el otro es indocumentado. Muchas de estas familias tienen hijos ciudadanos estadounidenses. Los cónyuges indocumentados que se beneficiarán de nuestra acción han vivido y contribuido a este país durante un promedio de 23 años.”
El Problema
Cónyuges de Ciudadanos Estadounidenses
Los ciudadanos estadounidenses pueden solicitar que su cónyuge no ciudadano obtenga la residencia permanente. Pero el proceso está lleno de obstáculos, especialmente para aquellos que ingresaron a los EE.UU. sin inspección, lo que dificulta obtener la residencia permanente legal. Muchas de estas personas no han podido obtener el estatus legal al que son elegibles debido a la burocracia y al riesgo de ser separados de sus familias si dejan los EE.UU. para asistir a entrevistas consulares.
Ejemplo de la Vida Real: María y John
María ingresó a los EE.UU. sin inspección hace más de 15 años y se casó con John, un ciudadano estadounidense, hace 8 años. A pesar de ser elegible para una tarjeta verde a través de su matrimonio, María no podía solicitarla sin estar sujeta a una prohibición de reingreso de 10 años debido a su presencia ilegal. Este nuevo programa es un salvavidas, permitiéndole ajustar su estatus (obtener una tarjeta verde) sin salir del país y proporcionando protecciones contra la deportación.
La Solución: Parole-In-Place
El parole-in-place permite a los beneficiarios solicitar el ajuste de estatus en los EE.UU., sin salir del país y sin activar prohibiciones de reingreso. Incluso si el programa se detiene o se revierte en el futuro, aquellos que obtengan el parole tendrán un camino mucho más fácil para convertirse en residentes permanentes.
Visas de Trabajo para Titulares de DACA
Los titulares de DACA con títulos universitarios, bajo el programa de Acción Diferida para los Llegados en la Infancia, ahora pueden obtener visas de trabajo para empleos altamente calificados. Esto ayudará a los Dreamers a contribuir más a la economía y la sociedad.
El Secretario del DHS, Alejandro N. Mayorkas:
“Además, trabajaremos con nuestros colegas del Departamento de Estado para implementar cambios en el proceso de exención de inadmisibilidad para que ciertos no ciudadanos que fueron educados en los EE.UU., incluidos los beneficiarios de DACA, puedan obtener visas de trabajo para empleos altamente calificados para los cuales están calificados.”

Cómo Prepararse para Solicitar el Nuevo Programa de Inmigración de Biden
Requisitos
El Servicio de Ciudadanía e Inmigración de los Estados Unidos ha emitido estas instrucciones: Proceso para Promover la Unidad y Estabilidad de las Familias.
Para cónyuges e hijos indocumentados
Para ser elegible para el permiso de permanencia temporal (parole) bajo este nuevo proceso, debe:
- Estar presente físicamente en los EE.UU. sin admisión o parole.
- Haber estado presente continuamente en los EE.UU. durante al menos 10 años antes del 17 de junio de 2024.
- Estar casado con un ciudadano estadounidense antes del 17 de junio de 2024.
- No tener condenas criminales descalificadoras.
- No representar una amenaza para la seguridad nacional o la seguridad pública y pasar la verificación.
- Merecer un ejercicio favorable de discreción.
Para Titulares de DACA que Buscan Residencia Permanente Legal
- Educación: Tener un título universitario.
- Calificación Laboral: Estar calificado para visas de trabajo para empleos altamente calificados.
- Estatus: Ser un beneficiario de DACA (Acción Diferida para los Llegados en la Infancia).
Preparándose para Presentar su Solicitud
Antes de que comience el proceso de solicitud, puede hacer lo siguiente:
Recolección de Documentos
Reunir documentos es clave. Aquí hay una lista de documentos para recopilar:
Prueba de Presencia Continua
- Facturas de servicios públicos, recibos de alquiler o estados de cuenta bancarios durante al menos 10 años.
- Registros escolares o de empleo.
- Declaraciones juradas de testigos creíbles.
Prueba de Matrimonio
- Certificado de matrimonio.
- Documentos financieros conjuntos, como cuentas bancarias, arrendamientos o hipotecas.
- Fotos y registros de comunicación de la relación.
Registros Criminales y de Seguridad
- Certificados de antecedentes policiales.
- Registros de procedimientos legales.
Otros Factores Discrecionales Favorables
- Servicio comunitario o participación.
- Historial laboral.
- Cartas de apoyo de líderes comunitarios o empleadores.
Crear o Actualizar su Cuenta myUSCIS
Tener una cuenta en myUSCIS facilitará el proceso. Puede crear o actualizar su cuenta en myUSCIS.
Proceso de Solicitud
Paso a Paso
- Espere el Aviso del Registro Federal: USCIS publicará un Aviso del Registro Federal con el proceso de solicitud, formularios y tarifas. Según un alto funcionario de la administración, el Aviso del Registro Federal proporcionará instrucciones detalladas sobre el proceso de solicitud.
- Llenar los Formularios: Una vez que se publique el aviso, llene los formularios de parole o visa de trabajo.
- Reunir Documentos: Recopile los documentos enumerados anteriormente.
- Pagar la Tarifa: La información sobre la tarifa estará en el Aviso del Registro Federal.
- Enviar: Siga las instrucciones de envío, que probablemente serán en línea y en papel.
- Biometría: Proporcione información biográfica y biométrica según se requiera.
Biometría y Verificación
Se requerirá una verificación biométrica, que incluye la toma de huellas dactilares y verificaciones de antecedentes. Esto es para verificar la identidad y la seguridad.
Autorización de Empleo
Una vez que se haya otorgado el parole, puede solicitar un Documento de Autorización de Empleo (EAD) utilizando el Formulario I-765 con el código de categoría (c)(11). Esto le permitirá trabajar en los EE.UU. mientras su ajuste de estatus está pendiente.
Evite Estafas
Cuídese de las estafas de inmigración. Aquí está cómo protegerse:
- Suplantadores del Gobierno: USCIS no se comunicará con usted a través de cuentas personales de redes sociales.
- Sitios Web de Estafas: Asegúrese de que la información que use provenga de sitios web oficiales del gobierno que terminen en .gov.
- Pagos por Teléfono o Correo Electrónico: USCIS no le pedirá pagos a través de Western Union, MoneyGram, PayPal o tarjetas de regalo.
- Practicantes No Autorizados: Solo obtenga asesoramiento legal de abogados o representantes acreditados reconocidos por el Departamento de Justicia.
Historias y Ejemplos de la Vida Real
Ejemplo: David y Elena
David, un ciudadano estadounidense, se casó con Elena, quien ingresó a los EE.UU. sin inspección hace más de 20 años. Tienen tres hijos ciudadanos estadounidenses. A pesar de ser elegible para una tarjeta verde, Elena corría el riesgo de ser separada de su familia si dejaba los EE.UU. para solicitarla. El nuevo programa de parole-in-place le da la oportunidad de ajustar su estatus (obtener una tarjeta verde) mientras permanece con su familia, brindándoles estabilidad y tranquilidad. Los defensores de la inmigración han elogiado el nuevo programa por proporcionar un alivio muy necesario a familias como la de David y Elena.
Ejemplo: Eduardo, un Beneficiario de DACA
Eduardo, un beneficiario de DACA con un título en ingeniería, ha estado en los EE.UU. desde que era niño. La nueva política le permite solicitar una visa de trabajo para empleos altamente calificados y trabajar legalmente en su campo, contribuyendo a la economía. Esto le proporcionará la oportunidad de solicitar una tarjeta verde a través del empleo. La historia de Eduardo es la de un Dreamer que ha sido educado en los EE.UU. y está listo para retribuir.
Preguntas Frecuentes
¿Cuándo comienza?
USCIS publicará un Aviso del Registro Federal pronto que proporcionará detalles sobre el proceso de solicitud y los requisitos. Comenzará más adelante este verano.
¿Qué pasa si presento la solicitud ante USCIS antes de la fecha de inicio?
USCIS rechazará cualquier presentación recibida antes de la fecha de inicio. Espere el anuncio antes de enviar.
¿Cuánto dura el parole?
El parole será por hasta 3 años. Durante este período, los cónyuges elegibles pueden solicitar el ajuste de estatus.
¿Qué documentos debo reunir de antemano?
Recopile documentos que demuestren presencia continua en los EE.UU., prueba de matrimonio válido y cualquier otro factor favorable.
¿Necesitaré presentar datos biométricos?
Sí, los solicitantes deberán presentar información biográfica y biométrica.
¿Puedo solicitar el EAD con mi solicitud de parole?
Puede solicitar el EAD después de recibir el parole presentando el Formulario I-765.
¿Hay tarifas involucradas?
Las tarifas se anunciarán en el Aviso del Registro Federal. Es posible que haya exenciones de tarifas disponibles.
¿Qué pasa si tengo antecedentes penales?
Los solicitantes con condenas criminales descalificadoras o que representen una amenaza para la seguridad nacional o la seguridad pública no serán elegibles.
¿Pueden los hijos de cónyuges elegibles también recibir el parole?
Sí, los hijos no ciudadanos que estén físicamente presentes en los EE.UU. y tengan una relación de hijastro/a calificada con un ciudadano estadounidense antes del 17 de junio de 2024, también pueden recibir el parole.
¿Qué pasa si el programa se termina?
Incluso si el programa se termina, aquellos que hayan recibido el parole aún serán considerados paroled en los EE.UU. y pueden solicitar el ajuste de estatus sin salir del país.
Problemas Comunes y No Tan Comunes
Problema: Documentos Incompletos
Asegúrese de que todos los documentos requeridos estén completos y sean precisos. Las solicitudes incompletas serán retrasadas o denegadas.
Problema: Tiempo
No presente antes de la fecha de inicio. Esté atento a los anuncios de USCIS para conocer la fecha exacta.
Problema: Representación Legal
Solo use representantes legales autorizados para recibir asesoramiento y ayuda con la solicitud. Los practicantes no autorizados harán más daño que bien.
Problema: Datos Biométricos
Las citas de biometría perdidas retrasarán su solicitud. Asista a todas las citas programadas.
Problema Menos Común: Doble Nacionalidad
Si tiene doble nacionalidad, asegúrese de que todos los documentos sean consistentes y demuestren residencia y elegibilidad en los EE.UU.
Problema Menos Común: Órdenes de Deportación Previas
Si tiene una orden de deportación previa, consulte con un abogado para ver cómo esto afectará su elegibilidad y el proceso de solicitud.
Otras Consideraciones para los Solicitantes
Historial Laboral
Tener un historial laboral estable puede ser un factor favorable en el proceso de revisión discrecional. Reúna documentos como talones de pago, contratos de empleo y cartas de empleadores.
Participación Comunitaria
Participar en actividades comunitarias y trabajo voluntario puede fortalecer su solicitud. Recoja cartas de recomendación y pruebas de participación de organizaciones comunitarias.
Educación
Si ha asistido a educación superior en los EE.UU., incluya transcripciones, diplomas y cualquier premio o reconocimiento recibido. Esto demuestra su compromiso con el desarrollo personal y con la sociedad.
Datos y Estadísticas del Mundo Real
Familias con Estatus Mixto
Según un informe del Instituto de Políticas de Migración, hay aproximadamente 1.2 millones de familias de estatus mixto en los EE.UU. donde al menos un miembro es indocumentado y otros son ciudadanos o residentes legales. Esta política podría ayudar a muchas de estas familias al reducir el riesgo de separación y proporcionar un futuro más seguro. Según FWD.us, una organización de defensa de la inmigración, esta política podría ayudar a muchas de estas familias al reducir el riesgo de separación y proporcionar un futuro más seguro.
Beneficios Económicos
La investigación muestra que legalizar a los inmigrantes indocumentados tiene beneficios económicos. Un informe del Center for American Progress dice que legalizar a los inmigrantes indocumentados podría aumentar sus salarios en un 15%, lo que resultaría en más ingresos fiscales y crecimiento económico. Los altos funcionarios de la administración han enfatizado los beneficios económicos de legalizar a los inmigrantes indocumentados, señalando el potencial para aumentar los ingresos fiscales y el crecimiento económico.
Beneficios a Largo Plazo
El American Immigration Council señala que los inmigrantes que obtienen estatus legal invertirán en educación, comprarán casas y comenzarán negocios, y contribuirán a la estabilidad y prosperidad a largo plazo de sus comunidades.
Los esfuerzos de la administración Biden para asegurar la frontera sur y abordar el sistema de inmigración roto son parte de una estrategia más amplia para proporcionar estabilidad y prosperidad a largo plazo para las comunidades.
Resumen del Sistema de Inmigración Roto
La nueva política de inmigración del presidente Biden da a los cónyuges y niños indocumentados de ciudadanos estadounidenses un camino y visas de trabajo para los titulares de DACA con títulos universitarios. Siga los pasos en esta guía para preparar su solicitud. Manténgase informado siguiendo los anuncios de USCIS y consulte con representantes legales autorizados para hacer el proceso más fluido.
Para obtener más información y actualizaciones, consulte el sitio web de USCIS.
Conociendo los requisitos y preparándose con anticipación, puede asegurar el futuro de su familia y contribuir a la comunidad. Esta política proporciona alivio inmediato y sienta las bases para la estabilidad y la integración a largo plazo para todas las partes involucradas y la sociedad en su conjunto.
Aprovechando esta oportunidad y preparándose a fondo, puede navegar el proceso de solicitud con confianza y esperanza para un futuro más brillante para usted y su familia.
Para más apoyo, contacte a los Abogados de Inmigración en el Herman Legal Group, llamando al 18008084013.
Otros Materiales de Referencia:
President Biden’s administration has announced a new immigration policy to protect undocumented spouses and children of U.S. citizens, addressing the broken immigration system and providing work visas for DACA holders with college degrees.
This guide will take you through what we know now of the application process, eligibility, required documents, and common issues that may arise, with real life examples and data points to help you understand.
On June 18, 2024, President Joe Biden announced a new immigration program, “Keep Families Together,” that will allow some spouses of U.S. citizens to apply for “parole-in-place” with the Department of Homeland Security (DHS).
This program is not yet open for applications and will benefit up to 550,000 people with temporary protections and work permits in the U.S. and the ability to apply for lawful permanent resident (LPR) status (green card) through their spouse without being separated from their families for years.
DHS: Protecting families and keeping them together
DHS Secretary Alejandro N. Mayorkas issued this statement:
“Today, the Department of Homeland Security is taking steps to keep American families together and end the fear and uncertainty these families face when one spouse is a U.S. citizen and the other is undocumented. Many of these families have U.S. citizen children. The undocumented spouses who will benefit from our action have lived in and contributed to this country for an average of 23 years.”
The Issue
Spouses of U.S. Citizens
U.S. citizens can apply for their non-citizen spouse to get permanent residency. But the process is full of hurdles, especially for those who entered the U.S. without inspection, making it difficult to obtain lawful permanent residence.
Many of these individuals have not been able to get the legal status they are eligible for because of bureaucratic red tape and the risk of being separated from their families if they leave the U.S. to attend consular interviews.
Real life example: Maria and John
Maria entered the U.S. without inspection over 15 years ago and married John, a U.S. citizen, 8 years ago. Despite being eligible for a green card through her marriage, Maria could not apply without being subject to a 10-year reentry bar due to her unlawful presence.
This new program is a lifeline, allowing her to adjust her status (obtain a green card) without leaving the country and providing deportation protections.
The Solution: Parole-In-Place
Parole-in-place allows beneficiaries to apply for adjustment of status in the U.S., without leaving the country and triggering reentry bars. Even if the program is stopped or reversed in the future, those granted parole will have a much easier path to become permanent residents.
Work Visas for Deferred Action (DACA) holders
DACA holders with college degrees, under the Deferred Action for Childhood Arrivals program, can now get high-skilled labor visas. This will help Dreamers to contribute more to the economy and society.
DHS Secretary Alejandro N. Mayorkas:
“Additionally, we will work with our colleagues at the State Department to implement changes to the inadmissibility waiver process so that certain noncitizens who were educated in the U.S., including DACA recipients, can get high-skilled labor visas for which they are qualified.”
How to Prepare to file for Biden’s New Immigration Program
Requirements
United States Citizenship and Immigration Service has issued these instructions: Process to Promote the Unity and Stability of Families.
For Undocumented Spouses and Children
To be eligible for parole under this new process you must:
- Be physically present in the U.S. without admission or parole.
- Have been continuously present in the U.S. for at least 10 years as of June 17, 2024.
- Be married to a U.S. citizen (American citizens) as of June 17, 2024.
- Have no disqualifying criminal convictions.
- Not pose a threat to national security or public safety and pass vetting.
- Merit a favorable exercise of discretion.
For DACA Holders Seeking Lawful Permanent Residence
To get high-skilled labor visas, DACA recipients must:
- Education: Have a college degree.
- Work Qualification: Be qualified for high-skilled labor visas.
- Status: Be a DACA recipient (Deferred Action for Childhood Arrivals).
Preparing to File Your Application
Before the application process starts, you can do the following:
Document Gathering
Gathering documents is key. Here’s a list of documents to collect:
Proof of Continuous Presence
- Utility bills, rent receipts or bank statements for at least 10 years.
- School or employment records.
- Affidavits from credible witnesses.
Proof of Marriage
- Marriage certificate.
- Joint financial documents, such as bank accounts, leases or mortgages.
- Photos and communication records of the relationship.
Criminal and Security Records
- Police clearance certificates.
- Records of legal proceedings.
Other Favorable Discretionary Factors
- Community service or involvement.
- Employment history.
- Letters of support from community leaders or employers.
Create or Update your myUSCIS Account
Having an account on myUSCIS will make the process easier. You can create or update your account on myUSCIS.
Application Process
Step-by-Step
- Wait for the Federal Register Notice: USCIS will publish a Federal Register Notice with the application process, forms and fees. According to a senior administration official, the Federal Register Notice will provide detailed instructions on the application process.
- Fill out the Forms: Once the notice is published, fill out the parole or work visa forms.
- Gather Documents: Collect the documents listed above.
- Pay the Fee: Fee information will be in the Federal Register Notice.
- Submit: Follow the submission instructions, which will likely be online and paper.
- Biometric: Submit biographic and biometric information as required.
Biometrics and Vetting
Biometric screening will be required, which includes fingerprinting and background checks. This is to verify identity and security.
Employment Authorization
Once paroled, you can apply for an Employment Authorization Document (EAD) using Form I-765 with category code (c)(11). This will allow you to work in the U.S. while your adjustment of status is pending.
Be Scam Aware
Watch out for immigrant scams. Here’s how to protect yourself:
- Government Impersonators: USCIS will not contact you through personal social media accounts.
- Scam Websites: Make sure the information you use is from official government websites ending in .gov.
- Payments by Phone or Email: USCIS will not ask for payments through Western Union, MoneyGram, PayPal or gift cards.
- Unauthorized Practitioners: Only get legal advice from attorneys or accredited representatives recognized by the Department of Justice.
Real-Life Stories and Examples
Example: David and Elena
David, a U.S. citizen, married Elena who entered the U.S. without inspection over 20 years ago. They have three U.S. citizen children. Despite being eligible for a green card, Elena was at risk of being separated from her family if she left the U.S. to apply for it.
The new parole-in-place program gives her the opportunity to adjust her status (obtaining a green card) while staying with her family, and have stability and peace of mind. Immigration advocates have praised the new program for providing much-needed relief to families like David and Elena’s.
Example: Eduardo, a DACA Recipient
Eduardo, a DACA recipient with an engineering degree, has been in the U.S. since he was a child. The new policy allows him to apply for a high-skilled labor visa and work legally in his field and contribute to the economy. This will provide an opportunity to apply for a green card through employment. Eduardo’s story is a Dreamer who has been educated in the U.S. and is ready to give back.
FAQs
Common and Not-So-Common Problems
Problem: Incomplete Documents
Make sure all required documents are complete and accurate. Incomplete applications will be delayed or denied.
Problem: Timing
Don’t file before the start date. Watch USCIS announcements for the exact date.
Problem: Legal Representation
Only use authorized legal representatives for advice and application help. Unauthorized practitioners will do more harm than good.
Problem: Biometrics
Missed biometrics appointments will delay your application. Attend all scheduled appointments.
Less Common Issue: Dual Nationality
If you are a dual national, make sure all documents are consistent and show U.S. residence and eligibility.
Less Common Issue: Prior Deportation Orders
If you have a prior deportation order, consult with an attorney to see how this will impact your eligibility and application process.
Other Considerations for Applicants
Employment History
Having a steady employment history can be a favorable factor in the discretionary review process. Gather documents such as pay stubs, employment contracts and letters from employers.
Community Involvement
Participating in community activities and volunteer work can bolster your application. Collect letters of recommendation and proof of involvement from community organizations.
Education
If you have attended higher education in the U.S., include transcripts, diplomas and any awards or recognition received. This shows your commitment to personal development and to society.
Real World Data and Statistics
Mixed Status Families
According to a report by the Migration Policy Institute, there are approximately 1.2 million mixed status families in the U.S. where at least one member is undocumented and others are citizens or legal residents.
This policy could help many of these families by reducing the risk of separation and providing a more secure future. According to FWD.us, an immigration advocacy organization, this policy could help many of these families by reducing the risk of separation and providing a more secure future.
Economic Benefits
Research shows that legalizing undocumented immigrants has economic benefits. A Center for American Progress report says that legalizing undocumented immigrants could increase their wages by 15% resulting in more tax revenue and economic growth.
Senior administration officials have emphasized the economic benefits of legalizing undocumented immigrants, noting the potential for increased tax revenue and economic growth.
Long Term Benefits
The American Immigration Council notes that immigrants who get legal status will invest in education, buy homes and start businesses and contribute to the long term stability and prosperity of their communities.
The Biden administration’s efforts to secure the southern border and address the broken immigration system are part of a broader strategy to provide long-term stability and prosperity for communities.
Summary of the Broken Immigration System
President Biden’s new immigration policy gives undocumented spouses and children of U.S. citizens a path and work visas to DACA holders with college degrees. Follow the steps in this guide to prepare your application. Stay informed by watching USCIS announcements and consult with authorized legal representatives to make the process smooth.
For more information and updates check the USCIS website.
By knowing the requirements and preparing ahead of time you can secure your family’s future and contribute to the community. This policy provides immediate relief and sets the stage for long term stability and integration for all parties involved and society as a whole.
By embracing this opportunity and preparing thoroughly, you can navigate the application process with confidence and hope for a brighter future for you and your family.
For further support, contact the Immigration Lawyers at the Herman Legal Group, by calling 18008084013.
Other Reference Material:
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On June 18, 2024, President Joe Biden announced a landmark initiative aimed at preserving family unity among mixed-status families in the United States. This initiative aims to protect undocumented immigrants, particularly those who are part of mixed-status families.
This initiative includes provisions for undocumented spouses and children of U.S. citizens through a process known as Parole in Place (PIP).
This comprehensive article will delve into the specifics of this announcement, its implications, challenges, and the broader context within U.S. immigration policy.
Background and Context
Since assuming office, President Biden has prioritized addressing the broken U.S. immigration system. Despite ongoing partisan deadlock in Congress, the Biden administration has taken significant steps to secure the border and provide more lawful pathways for immigrants.
This includes barring migrants crossing unlawfully from seeking asylum, deploying extensive resources to the Southern border, and dismantling human smuggling networks.
The latest initiative, building on previous efforts such as the DACA policy, Affordable Care Act coverage for DACA recipients, and family reunification programs, aims to further integrate long-term undocumented residents into the social and economic fabric of the nation by expanding lawful pathways.
This policy is designed to protect undocumented spouses of American citizens from deportation, provide work permits, and offer a path to U.S. citizenship for eligible undocumented immigrants.
Details of the Biden Administration’s Announcement
Key Provisions
- Parole in Place (PIP) for Family Unity
- The Department of Homeland Security (DHS) will implement a new process to allow noncitizen spouses and children of U.S. citizens to apply for lawful permanent residence without leaving the country.
- Eligibility criteria include having resided in the U.S. for at least 10 years as of June 17, 2024, being legally married to a U.S. citizen, and satisfying all applicable legal requirements. This initiative specifically targets undocumented spouses of U.S. citizens, providing them with a pathway to legal status.
- Those approved will receive a three-year period to apply for permanent residency and will be eligible for work authorization during this period, allowing them to obtain work permits and seek legal permanent status while living and working in the U.S.
- Impact and Scope
- The initiative is expected to benefit approximately 500,000 noncitizen spouses and 50,000 noncitizen children.
- On average, eligible individuals have resided in the U.S. for 23 years.
- Employment Visas for College Graduates
- Facilitating work visas for DACA recipients and other Dreamers who have graduated from U.S. institutions and have job offers related to their degrees.
- This action aims to utilize the skills and education of these individuals for the benefit of the U.S. economy.
Application Process and Fees
To participate in this program, eligible noncitizens will need to file a specific form with the United States Citizenship and Immigration Services (USCIS) to apply for legal status, along with supporting documentation. The exact application fee has yet to be determined, and additional details will be provided in an upcoming Federal Register notice.
On June 18, 2024, the White House introduced President Joe Biden’s comprehensive immigration initiative, the “Keep Families Together” plan. This policy aims to address significant gaps in the U.S. immigration system by providing new protections for undocumented spouses and children of U.S. citizens through Parole in Place (PIP) and offering work visa opportunities for DACA holders with college degrees.
This article delves into the plan’s details, broader implications, and nuances that aren’t typically covered in mainstream media.
Key Components of the “Keep Families Together” Plan
Parole in Place for Undocumented Family Members
One of the most humane and impactful aspects of the “Keep Families Together” plan is the provision of Parole in Place (PIP) for undocumented spouses and children of U.S. citizens. This policy shift is designed to reduce the fear of deportation and ensure family unity.
- Understanding Parole in Place: PIP allows certain undocumented family members of U.S. citizens to remain in the United States without fear of deportation. It grants temporary lawful status, enabling them to work legally and apply for permanent residency without leaving the country. This provision, previously available mainly to military families, is now expanded to include all U.S. citizen families under Biden’s plan.
- Eligibility and Application Process: To qualify for PIP, applicants must be the spouse or child of a U.S. citizen, pass a background check, and demonstrate good moral character. The application process involves submitting documentation proving family relationships, identity, and other relevant details. This aims to be inclusive and straightforward, ensuring families can navigate it with ease.
- Impact on Families: PIP provides immediate relief from the fear of deportation, allowing families to stay together and build their lives without constant anxiety. It also opens pathways to work and legal residency, giving undocumented family members the chance to contribute fully to society and plan for a stable future.
Work Visa Opportunities for DACA Holders
The Deferred Action for Childhood Arrivals (DACA) program has long been a lifeline for individuals brought to the U.S. as children. Biden’s new plan enhances this by offering specialized work visas for DACA holders with college degrees.
- Specialized Work Visas: The plan introduces new work visas specifically for DACA recipients who have obtained a college degree. These visas are designed to leverage the skills and education of DACA holders, allowing them to work in their fields of expertise and contribute significantly to the U.S. economy.
- Path to Citizenship: Beyond work authorization, the plan includes a pathway to citizenship for DACA holders who meet specific criteria, such as continuous residence in the U.S., a clean criminal record, and active community involvement. This pathway provides long-term stability and a sense of belonging for DACA recipients who have known the U.S. as their only home.
Nuances and Unspoken Realities
While the primary elements of the “Keep Families Together” plan are clear, several nuances and unspoken realities deserve closer examination.
Political and Social Implications
Implementing such an ambitious plan comes with political challenges. Immigration remains a deeply polarizing issue in the United States, and Biden’s plan is likely to face significant opposition from those advocating for stricter immigration controls.
Balancing the humanitarian aspects of the plan with concerns about border security and illegal immigration will be a delicate task.
Moreover, the success of the plan will depend heavily on collaboration with various stakeholders, including state and local governments, non-governmental organizations, and international partners. Building these partnerships and ensuring alignment with the plan’s goals will be crucial for its effective implementation.
Cultural Shift in Immigration Policy
Biden’s plan represents a fundamental shift in the philosophy underpinning the U.S. immigration system. Moving away from punitive measures towards a more humane and supportive approach could set a new standard for global immigration policies. However, this shift will require significant changes in the culture and operations of immigration agencies, which may face resistance from within.
The focus on digitalization and automation, while promising, also presents challenges. Ensuring that these technologies are implemented effectively and do not inadvertently create new barriers for immigrants will be vital. Additionally, there will need to be safeguards to protect the privacy and security of immigrants’ data.
Legal and Political Challenges for Undocumented Immigrants
Potential Court Challenges
President Biden’s use of executive authority to implement Parole in Place is expected to face legal challenges. Critics may argue that this action exceeds presidential authority and constitutes de facto amnesty. Legal scholars and opponents will likely scrutinize whether the President has the power to unilaterally grant such protections without Congressional approval.
Several key legal arguments are likely to be raised in lawsuits challenging the plan:
- Separation of Powers: Opponents may argue that the plan oversteps the executive branch’s authority, infringing on powers reserved for Congress. This argument will hinge on the interpretation of the executive branch’s discretion in enforcing immigration laws.
- Equal Protection: Legal challenges may also focus on whether the plan provides equal protection under the law. This includes potential claims that the plan unfairly benefits certain groups (e.g., DACA holders with college degrees) over others.
- Due Process: Ensuring that the plan’s implementation does not violate the due process rights of individuals affected by it will be a critical point of contention. This includes ensuring fair and transparent procedures for those seeking relief under the plan.
- Federal vs. State Authority: The plan’s reliance on state and local cooperation could lead to disputes over the division of authority between federal and state governments. States that oppose the plan may challenge the federal government’s ability to mandate participation in its initiatives.
Historical Precedents
The authority to grant Parole in Place is not novel. Previous administrations, including those of Presidents George W. Bush and Barack Obama, have used similar executive actions to grant PIP to family members of military personnel. This historical precedent may play a crucial role in defending the legality of Biden’s initiative.
Broader Implications and Benefits
Family Stability and Economic Contributions for Mixed Status Families
By allowing noncitizen spouses and children to remain in the U.S., the initiative aims to alleviate the fears and uncertainties faced by mixed-status families. These families often live in constant fear of separation, which can lead to significant emotional and financial hardships.
By promoting family unity, the initiative is expected to enhance the well-being of affected families and enable them to contribute more effectively to their communities and the economy.
Workforce Integration through Work Permits
Easing the visa process for high-skilled immigrants, including DACA recipients, will help address labor shortages in various sectors and ensure that the U.S. economy benefits from the talents and skills of individuals educated in American institutions.
Unintended Consequences and Criticisms
Potential for Fraud and Abuse
The initiative includes stringent measures to prevent fraud, including thorough background checks and vetting processes. However, the potential for fraudulent applications remains a concern, and USCIS will need robust enforcement mechanisms to maintain the integrity of the program.
Political Opposition
The announcement has already sparked significant political debate. While many advocates praise the move for its humanitarian and economic benefits, opponents argue that it undermines immigration enforcement and could encourage further illegal immigration. The administration will need to navigate these political challenges while implementing and defending the initiative.
President Biden’s announcement on June 18, 2024, represents a significant step toward reforming the U.S. immigration system by prioritizing family unity and integrating long-term undocumented residents into American society.
While the initiative is poised to bring substantial benefits to many families, it also faces considerable legal and political hurdles. As the administration moves forward with these actions, ongoing dialogue and collaboration with Congress and stakeholders will be essential to ensure the program’s success and sustainability.
Contact the Herman Legal Group at 18008084013 for more information.
For more detailed information and to stay updated on the latest developments, visit the official government resources:
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On June 18, 2024, the Biden administration is expected to introduce a transformative immigration plan that aims to provide protection and work permits to hundreds of thousands of undocumented immigrants. President Biden’s announcement of this plan, known as the Parole in Place program, is a significant development in U.S. immigration policy.
It offers undocumented spouses and children of U.S. citizens a pathway to legal status and work authorization. This guide will detail the process of applying for parole in place, eligibility criteria, and the broader implications of the plan.
Overview of Biden Administration’s Anticipated New Immigration Plan
President Biden’s anticipated new immigration plan is likely to include several key provisions:
- Parole in Place: Grants temporary legal status to undocumented spouses and children of U.S. citizens. Administration officials have provided details about the eligibility requirements and benefits of the program.
- Work Permits: Provides eligible individuals with work authorization.
- Pathway to Permanent Residency: Creates a route to legal permanent residency (green card) and U.S. citizenship.
- Support for Dreamers: Expedites access to work visas for DACA recipients and other undocumented immigrants.
This plan offers a significant benefit by allowing eligible immigrants to apply for permanent residence, obtain work permits, and have a path to U.S. citizenship, all while keeping families together and contributing positively to the nation.
Eligibility Criteria for Parole in Place (“PIP”)
To be eligible for this anticipated parole in place program, eligible immigrants, including those who are undocumented and married to U.S. citizens, must meet the following criteria:
- Residency Duration: Must have resided in the U.S. for at least 10 years as of June 17, 2024.
- Marital Status: Must be legally married to a U.S. citizen by June 17, 2024.
- Exclusions: Individuals who have been previously deported or pose a threat to national security or public safety are not eligible.
- Additional Beneficiaries: Non-citizen stepchildren of U.S. citizens under the age of 21 are also eligible.
Step-by-Step Process for Applying for Parole in Place
Step 1: Determine Eligibility
Once the program is officially announced, and before starting the application process, ensure that you meet all the eligibility criteria listed above, including those specific to undocumented spouses of U.S. citizens.
Step 2: Gather Required Documentation
Collect all necessary documents to support your application. These may include:
- Proof of residency (e.g., utility bills, lease agreements).
- Marriage certificate.
- Proof of your spouse’s U.S. citizenship (e.g., birth certificate, naturalization certificate) if you are among the spouses of U.S. citizens.
- Any other relevant records that demonstrate your eligibility.
Step 1: Determine Eligibility
Submit your application to the Department of Homeland Security (DHS). Detailed instructions and forms can be found on the USCIS website.
Step 4: Attend Biometrics Appointment
You will be required to attend a biometrics appointment for fingerprinting and photograph. USCIS will send you an appointment notice with the date, time, and location.
Step 5: Attend the Interview (if required)
In some cases, you may be required to attend an interview. During the interview, an immigration officer will review your application and ask questions to verify the information provided.
Step 6: Await Decision
After your interview (if required) and submission of all documents, wait for USCIS to process your application. You will receive a decision by mail.
Step 7: Receive Parole in Place Status
If your application is approved, you will receive parole in place status, which grants you temporary legal status and the ability to apply for a work permit.
Step 8: Apply for a Work Permit
Once you have received parole in place status, you can apply for a work permit, which allows you to legally work in the U.S. while your application for permanent residency is being processed.
Step 9: Apply for Permanent Residency
Within three years of receiving parole in place status, you must apply for permanent residency (green card). After five years as a green card holder, you can apply for U.S. citizenship.
Timeline from PIP to Citizenship
- Obtain Parole in Place Status: 3 years to apply for permanent residency.
- Apply for Green Card: After receiving parole in place, apply for a green card.
- Permanent Residency: Live in the U.S. as a green card holder for 5 years.
- Apply for Citizenship: After 5 years, apply for U.S. citizenship.
Estimated Number of Beneficiaries
- Undocumented Spouses: 500,000
- Non-Citizen Stepchildren: 50,000
- Dreamers with DACA Status: Approximately 528,000
The new plan will also benefit hundreds of thousands of mixed-status families by providing temporary legal status, clearing roadblocks to obtaining permanent legal status, and offering relief from the risk of deportation.
Dreamers and DACA Holders
President Biden’s plan also includes provisions to support Dreamers and DACA recipients. These individuals, who were brought to the U.S. as children, will benefit from expedited access to work visas.
Eligibility for Dreamers and DACA Holders
- Educational Requirements: Must have earned a degree from a U.S. institution of higher education.
- Employment: Must have received a job offer from a U.S. employer in a field related to their degree.
Expedited Work Visas
DACA recipients who meet the eligibility criteria can apply for work visas, such as the H-1B visa, which is designed for high-skilled workers. This provision aims to ensure that individuals educated in the U.S. can contribute their skills to the American economy.
Economic and Social Benefits
Economic Impact
The new immigration plan is expected to positively impact the U.S. economy by allowing undocumented immigrants to work legally. This will:
- Increase tax revenues. Undocumented immigrants who have been in the United States for decades have been paying taxes and contributing to their communities.
- Reduce exploitation in the labor market.
- Help fill labor shortages in various sectors.
Family Unity
The primary goal of the parole in place program is to keep families together. By providing legal status and work permits, the program aims to prevent the separation of families due to deportation.
Legal and Social Stability
Providing legal stability to hundreds of thousands of undocumented immigrants will:
- Improve mental health and social integration.
- Reduce the constant fear of deportation.
- Enhance overall well-being.
Legal Considerations and Potential Challenges
Legal Challenges
As with many immigration-related executive actions, this new plan is likely to face legal challenges, particularly from states or groups opposed to immigration reforms. These challenges could impact the implementation and longevity of the program. Senior administration officials have discussed the potential legal challenges and how they plan to address them.
Case-by-Case Assessment
The parole in place program requires case-by-case assessments by the DHS, ensuring that only eligible individuals who do not pose a threat to public safety or national security are granted protection.
Temporary Nature of Parole Authority
It is important to note that parole authority is an executive power, and future administrations could potentially pause or alter the program. While the current plan offers significant benefits, its future remains uncertain.
However, the long-term goal of the program is to provide a path towards permanent legal status for undocumented immigrants, particularly those married to U.S. citizens.
President Biden’s anticipated new immigration plan represents a significant step towards reforming the U.S. immigration system and providing much-needed relief to undocumented immigrants. By offering parole in place, work permits, and a pathway to citizenship, the plan aims to promote family unity, strengthen the economy, and provide legal stability to many individuals living in the shadows.
This comprehensive guide has provided an overview of the key aspects of Biden’s new immigration plan, including eligibility criteria, the application process, and the broader implications of this policy change. If you or someone you know may benefit from this program, it is crucial to stay informed and seek professional legal advice to navigate the complexities of the immigration system.
For detailed information, application forms, and updates, visit the USCIS website. For legal assistance, contact the Herman Legal Group at 18008084013.
Additionally, the Biden administration has emphasized the importance of securing the southern border as part of its broader efforts to fix the immigration system for families in America.
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President Joe Biden is weighing potential executive actions to expand parole in place, which could provide temporary legal status to undocumented immigrants married to U.S. citizens. This potential parole in place rule aims to offer temporary status to many long-term U.S. residents, allowing them to gain deportation protection, work permits, and potentially a path to permanent legal status. The initiative, backed by advocacy groups, is designed to keep families together and bolster the economy.
The Biden immigration rule for spouses of U.S. citizens could significantly impact the lives of undocumented immigrants, offering them a chance to adjust status and integrate more fully into American society.
By providing access to legal work permits and deportation protection, this rule would address some of the most pressing issues facing mixed-status families today.
Benefits of Parole in Place
Parole in place is a long-standing authority under Section 212(d)(5)(A) of the Immigration and Nationality Act, which allows the Secretary of Homeland Security to grant parole into the United States for urgent humanitarian reasons or significant public benefit.
This authority has been used in the past to keep families together, notably with a similar program for military families. Expanding this to include spouses of U.S. citizens could provide significant public benefit by ensuring that more families remain united and economically stable.
Eligibility Requirements Announced
The potential new rule would allow undocumented immigrants to apply for temporary legal status. Many undocumented immigrants married to U.S. citizens are currently barred from obtaining legal immigration status due to illegal immigration factors such as illegal border crossings or visa overstays.
By offering temporary legal status, the Biden administration aims to mitigate these barriers and provide a more humane and practical solution.
Under current immigration law, many immediate relatives of U.S. citizens, such as spouses, face significant hurdles in adjusting status. The potential parole in place rule would provide access to a legal pathway, helping these individuals overcome existing legal barriers.
This change is seen as a critical step in providing immigration relief to those who have lived in the shadows for years.
Impact on Mixed-Status Families
Mixed-status families, where one spouse lacks legal immigration status, often face severe challenges, including the constant threat of deportation. The potential parole in place rule would offer much-needed relief, allowing these families to stay together and contribute more fully to American society.
This would be particularly beneficial for American families with citizen spouses, as it would help stabilize their lives and improve their economic prospects.
Support from Advocacy Organizations
Several advocacy organizations, including those mentioned in the media, have expressed strong support for the potential parole in place rule. They argue that providing access to legal status and work permits for undocumented immigrants married to U.S. citizens is both humane and economically sensible.
These organizations highlight the significant public benefit of keeping families together and reducing the number of people living without legal status.
Political and Economic Considerations
With the November elections approaching, President Joe Biden is under pressure from democratic lawmakers and advocacy organizations to implement meaningful immigration reforms. The potential parole in place rule could be a significant move in this direction, offering a balanced approach to immigration relief that addresses both humanitarian and economic concerns.
Critics of the potential rule warn of false promises if the official plan lacks clear guidelines and effective implementation. However, the White House spokesperson has assured that the plan will be detailed and fair, aiming to avoid past mistakes in immigration law reforms.
The construction company sector, among others, could benefit from the expanded labor force as undocumented immigrants gain work permits and contribute more fully to the economy.
Real-Life Impacts
Consider the story of a Pennsylvania resident, Maria, whose Brazilian-born husband has lived in the U.S. for years without legal status. Under the potential parole in place rule, he could obtain temporary status and a work permit, providing much-needed stability for their family. Similar stories abound across the country, highlighting the urgent need for this reform.
Next Steps
The White House is expected to release an official plan soon, detailing the eligibility requirements and implementation strategies for the potential parole in place rule. Advocacy organizations urge those affected to stay informed and engaged with the process to ensure their voices are heard.
In conclusion, President Joe Biden’s potential parole in place proposal offers hope for undocumented immigrants married to U.S. citizens. By providing temporary legal status and work permits, it aims to create a more inclusive and just immigration policy.
This initiative could transform the lives of many American families, providing a pathway to permanent legal status and fostering a stronger, more united nation.
Stay informed with the latest updates from advocacy groups and the White House.
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Ethics and Justice in the Immigration System
Monday, November 28th: 6:00 to 7:30pm – Moot Court Room (GUND A59)
Global Ethical Leaders Society at Case Western Reserve University is pleased to welcome a panel of local community experts to our campus to explore ethics and justice in the immigration process. This event brings together professionals with vast experience in immigration law, advocacy, and education to expand our campus community’s understanding of immigration and the process to become a US citizen and inspire the next generations of leaders in these areas.
Join us on November 28th from 6:00 to 7:30pm in the CWRU School of Law Moot Court Room to learn more about current immigration policies and the immigration system’s past, present, and future, as well as how you can advocate for others!
U.S. Citizenship and Immigration Services (USCIS) has issued an update on changes it is making to assist spouses of E and L visa holders who are in the U.S. but do not have a Form I94 employment authorization admission document.
DHS, which announced the directive in November 2021, is considering recognizing E and L spouses for authorized employment because of the regulations that apply to them. In this article, this issue will be discussed in an understandable and detailed manner to facilitate understanding for all.
The Implementation of a New Code
U.S. Citizenship and Immigration Services (USCIS) has adopted a new policy to recognize the right of spouses of E and L holders to authorized employment under their status. This means that they do not need to request a separate employment authorization document (“EAD”).
In a long-awaited development, DHS revealed that, effective January 31, 2022, E and L dependent spouses will have a special code on their I-94s: E-1 Spouse (E-1S), E-2 Spouse (E-2S), E-3 Spouse (E-3S) and L-1A or B Spouse (L-2S). This new code represents the automatic work authorization associated with dependent spouse statuses E and L.
The new code has been in effect since January 31, 2022 and applies only to newcomers. DHS will not reissue an I-94 for someone who already holds a valid I-94 in the United States.
This also means that if a spouse already in the U.S. wishes to take advantage of the new designation, he or she will have to leave the U.S. and return.
However, the Department of Homeland Security recently noted that USCIS recognizes E and L spouses as eligible to work based on their status, regardless of the score on the I-94, and any valid I-94 is considered valid work authorization.
Although DHS has stated that this policy change has been added to its I-9 and E-Verify websites, to date, the change has not been confirmed. The policy changes are now reflected in the USCIS policy manual.
What Employers Need to Know?
Employers should take care to designate this I-94 as a C-List, specifically as a Department of Homeland Security (DHS)-issued employment authorization document, affectionately known as a C-List (7) because it is listed on Form I-9 Document No. .7 in the C-List. C7 is the collective name for documents issued by DHS.
USCIS does not designate an I-94 annotated with a foreign passport as List A. This means that E and L spouses will still need to submit Listing B documents with their I-94 (Listing C) when completing the I-9 form.
The Listing B file determines identity. The fact that the foreign passport/full I-94 A listing is not listed as an acceptable document in the USCIS guidelines is a point of contention.
In fact, we have approached USCIS to reconsider this, as some E and L spouses may have difficulty obtaining certain B identification documents quickly. We will get back to you if there is any news.
The special case of L visa holders
Eligible spouses (executives, managers and other professionals) will begin receiving special notices as proof of work authorization when they transfer from abroad to their respective companies in the United States.
USCIS began on April 1, 2022, to send spousal designation notices to L-2 visa holders, dependent spouses of L-1 intra-company transfers with a valid Form I-94 issued before January 30, 2022. The I-94 is a travel record provided to foreign visitors to record their arrival in the United States and how long they are allowed to stay in the country.
As part of a settlement with spouse-dependent visa holders, USCIS announced that L-2 spouses will be allowed to work as a matter of status after entering the United States.
Under the agreement, USCIS further agreed to create a new I-94 name for the L spouse as proof of work authorization.
USCIS advises that eligible L-spouses who were unable to receive notification by mail by April 30, 2022, may request the notices by sending an email to USCIS via the following email address: [at EL-married-U21@uscis.dhs.gov ].
Richard Herman, immigration attorney and founder of the Herman Law Group gives a detailed explanation of the I-94 record. He believes that I-94 records issued on or after January 31 include a new L-2S endorsement to be used as proof of employment authorization in the I-9 employment verification.
L-2 visa holders may submit the new endorsement and their current I-94 to apply for work authorization. The L-2 receives a new I-94 record indicating that the entry level is “S” and can simply use their I-94 as their C-list employment authorization document. The L spouse presenting the I-94 will also need to provide acceptable identification to complete the I-9 process.
Need Help?
If you need help with a particular process, please feel free to contact or schedule a consultation with one of the experienced immigration attorneys at Herman Legal Group by calling +1-216-696-6170 , or by booking online. Consultations can be conducted via zoom, skype, whatsapp, facetime, or in office.