Yemen Has TPS

Temporary Protected Status for Yemen

Last week, Secretary Johnson announced that Yemen has Temporary Protected Status. Temporary Protected Status (TPS) has been covered many times on this blog, as many countries around the world that have experienced natural calamities, civil wars, or other strife are on the list for TPS. For example, the countries in West Africa most severely affected by the Ebola virus were granted TPS status last November.

TPS is not the grant of immigration status. It is not a Green Card nor is it a path to one. It allows for a foreign national of a qualifying country to remain in the United States for an extended period of time because conditions are too dangerous in the home country. Employment authorization is the other main benefit, so that the foreign national can legally work in the United States during the stay. The foreign national must have been present in the US at the designation date of TPS. That means someone who is coming from Yemen right now to the United States cannot apply for TPS. Someone from Yemen present in the United States prior to this designation is eligible for TPS.

The list of countries eligible for TPS is here.

Haiti: TPS Extended

Haiti: TPS Extended

On August 25, 2015, Secretary Jeh Johnson of the Department of Homeland Security extended Haiti’s designation for Temporary Protected Status for another 18 months. This means that Haitians who currently have TPS and would like to extend their stay in the United States must re-register sometime between August 25, 2015 and October 26, 2015.

Haiti has been designated for Temporary Protected Status ever since January 21, 2010, in the aftermath of an earthquake that wreaked havoc across the country. Temporary Protected Status is not immigration status. Rather, it allows individuals from countries given TPS to apply for Employment Authorization and remain in the United States legally for a temporary period. The reason for granting TPS is usually a catastrophe – natural disaster, civil war, extreme famine. An individual applying for TPS must have been in the United States at the time of original designation.

TPS Deadline – May 20

TPS Deadline is May 20, 2015

We would like to remind nationals of Guinea, Liberia, and Sierra Leone that Wednesday May 20 is the final day to register for Temporary Protected Status. Those three countries received Temporary Protected Status designations in November from Secretary Jeh Johnson of the Department of Homeland Security, following the devastating Ebola outbreak in West Africa. The TPS designation runs from November 21, 2014 through May 21, 2016.

Temporary Protected Status is not an immigration status or even a nonimmigrant visa. It is a temporary designation from the Secretary of the Homeland Security that nationals of a certain country are allowed to remain in the United States through his special authorization. If nationals were present before the designated date, they can apply for TPS. The status permits for employment authorization. The reason for granting a TPS designation is often civil war, natural disaster, or some sort of natural disaster.

In other TPS news, AILA and other advocacy groups are petitioning Secretary Johnson to designate Nepal for Temporary Protected Status. The country has been ravaged by natural disasters recently.

We will keep updating the website with updates on Temporary Protected Status renewals and designations.

Temporary Protected Status for El Salvador

DHS – TPS

DHS announced yesterday (January 7) that Temporary Protected Status (TPS) has been extended 18 months for eligible nationals of El Salvador. It is effective as of March 10, 2015 and extends until September 9, 2016. The strict 60-day re-registration period started yesterday and ends March 9, 2015.

 

Temporary Protected Status exists to protect a certain country’s nationals from returning to their home country in times the country is suffering extraordinary circumstances, such as armed conflicts, epidemics, or environmental disasters. The Secretary of Homeland Security (Jeh Johnson) has the authority to designate TPS for a country if he believes the conditions are too dangerous for nationals of that country currently in the United States to return safely. The nationals must already be in the United States for TPS at the time of TPS designation. For example, TPS from Honduras requires continuous residence since December 30, 1998 . TPS is not permanent immigration status, but TPS confers a safeguard against removal from the US and the ability to obtain employment authorization and travel authorization. It does not lead to other immigration statuses like a green card, but a TPS recipient is not barred from applying for nonimmigrant status, adjusting status, or applying for any other immigration benefit by virtue of TPS. Primary and secondary forms of evidence are required to file for TPS, in order to demonstrate eligibility for nationality, identity, date of entry, and continuous residence in the United States.

 

The current TPS designated countries, in addition to El Salvador, are Republic of Guinea, Liberia, Sierra Leone, Somalia, Sudan, South Sudan, Haiti, Honduras, Nicaragua, and Syria. The West African nations of Republic of Guinea, Liberia, and Sierra Leone are the most recent additions and were designated for 18 months of TPS in November 2014 because of the outbreak of the Ebola virus.