Chapter 25 Humanitarian Remedies Allowing Stays in the U.s.

• Library: U.S. Immigration Made Easy (Nolo) (2023 Ed.)

CHAPTER 25 Humanitarian Remedies Allowing Stays in the U.S.

A. Do You Qualify for TPS?

B. TPS Application Process

C. Are You Eligible for Deferred Enforced Departure?

D. Humanitarian Parole

Whether the issue is an entire country in turmoil or an individual facing a personal emergency, U.S. immigration law can offer temporary protection in the United States. This chapter will discuss Temporary Protected Status (TPS), Deferred Enforced Departure (DED), and Humanitarian Parole.

TPS and DED are similar remedies. Both allow people who are already in the U.S. but whose countries are currently undergoing civil strife or in the midst of some sort of disaster to remain here until conditions in the home country improve. Recipients of TPS and DED are eligible for a work permit during this time.

Humanitarian parole is a more limited remedy, simply allowing for U.S. entry and a limited stay. It does not come with any other immigration benefits, though it can facilitate someone's ability to apply for a green card in cases where the person is otherwise eligible for this status.

A. Do You Qualify for TPS?

You cannot make an independent claim that your country is unsafe to return to. The U.S. government must act first, by putting your country on the TPS list. Countries in the midst of civil war, for example, or that have recently experienced a huge environmental disaster such as an earthquake or volcanic eruption may be put on the TPS list. (For the law on TPS, see I.N.A. § 244, 8 U.S.C. § 1254.)

In creating this list, however, the U.S. government always puts an expiration date on each country's TPS designation—as well as on the date by which would-be recipients must apply.

TPS does not help people currently living in the affected countries. You must be in the U.S. when TPS is established for your country in order to qualify, and you must submit an application to USCIS.

TPS status does not lead to a green card. When your country's TPS designation runs out, so does your right to stay in the United States. (The U.S. government might, however, if the disaster continues, renew your country's TPS designation, in which case you'll probably need to reregister.)

TPS also does not help people who have either been convicted of a felony or two or more misdemeanors committed in the U.S.; been found inadmissible on nonwaivable criminal- or security-related grounds; or are subject to any of the mandatory bars to asylum (such as for having participated in the persecution of others or having engaged in or incited terrorist activity).

Whenever a new country is named, the government publishes a notice in the Federal Register, stating the time period for which the protection is granted (a minimum of six months and a maximum of 18 months) and...