Understanding TPS, DED, and Humanitarian Parole
Temporary Protected Status, TPS and Deferred Enforced Departure, DED allow people who are already in the United States whose countries are currently undergoing civil strife or in the midst of some sort of disaster to remain in the United States until conditions in their home country improve. Those who receive TPS or DED are eligible for a work permit during the time period. The United States government must initially indicate that your country is unsafe to return to and place your country on the TPS list. See I.N.A. § 244, 8 U.S.C. § 1254. You must be living in the United States when TPS is established in order to qualify and submit an application to USCIS.
DED is a temporary form of relief that enables you to stay and work in the United States for a certain period of time if you are from a country in the midst of civil or political conflict. DED is analogous to TPS except a decision to grant it comes directly from the United States President rather than from the Department of Homeland Security. DED does not extend to the following people:
- Those who have persecuted others
- Those who were deported, removed or excluded prior to December 23rd. 1997 or are the subject of extradition
- Those who have been convicted of an aggravated felony
- Those who are removed as per the United States Attorney General in the interest of the United States
- Those who voluntarily returned or return to their country of last habitual residence outside the United States
- Those whose presence or activities in the United States are found by the Secretary of State to have potentially serious adverse foreign policy consequences for the United States
Humanitarian Parole is a request that you can make to USCIS if you have a compelling need to come to the United States in an emergency circumstance but have no way to get in under any visa category or are inadmissible. Humanitarian Parole does not grant any benefit besides the right to be in the United States for a limited time period.
Frequently Asked Questions About TPS
TPS is a temporary immigration status granted to nationals of specific countries facing ongoing armed conflict, environmental disasters, or other extraordinary conditions. Those with TPS cannot be deported from the U.S. and may be eligible for work authorization during the TPS period.
Eligibility is determined based on the country of origin. To qualify for TPS, you must:
- Be a national of a country currently designated for TPS, or have no nationality and last habitually resided in a designated TPS country
- Be physically present in the U.S. on the date of the TPS designation
- Have continuously resided in the U.S. since the designation date
- Meet certain admissibility standards such as not having been convicted of serious crimes
TPS is granted for a limited period, typically 6 to 18 months, and can be extended if the conditions in the country of origin remain unsafe. The U.S. Government grants extensions, and TPS recipients must re-register during each extension period.
TPS holders generally cannot travel outside the U.S. unless they obtain advance parole from USCIS. If you leave the U.S. without advance parole, you may lose your TPS status and may not be allowed to return.
TPS alone does not provide a pathway to a green card. However, if you are eligible through other means such as family sponsorship, employment-based petition, or asylum, you can apply for a green card while in TPS status. Be sure to check your eligibility with an immigration attorney.
Yes, you need to re-register for TPS if the status is extended for your country. USCIS will announce the re-registration period and provide instructions on how to renew your TPS. Be sure to follow all instructions and deadlines to maintain your status.
TPS provides temporary protection from deportation. However, you could still be deported if you:
- Commit serious crimes
- Violate the terms of your TPS such as leaving the U.S. without advance parole
- Are found inadmissible under immigration law
Yes, TPS recipients are eligible to apply for work authorization while their TPS status is valid.
If TPS is terminated or not renewed, you may lose your protection from deportation and work authorization. You must leave the U.S. or apply for another form of legal status if you are eligible. If you have been in the U.S. unlawfully for a long period, you may face immigration penalties.
TPS does not grant derivative status to family members such as spouses or children. However, if a TPS holder applies for family-based immigration or another legal status, family members may be eligible for status through that process.
The U.S. Department of Homeland Security, DHS regularly announces the designation of countries for TPS based on prevailing conditions. You can check the current list of designated countries on the USCIS website or the DHS website.
If you fail to re-register for TPS when required, you may lose your status and be subject to deportation. It is crucial to follow USCIS instructions and deadlines for re-registration.
Yes, TPS can be granted to individuals who are in the U.S. without legal status provided they meet the eligibility requirements, including being from a designated TPS country and meeting other criteria.
Yes, you can apply for TPS while your other immigration applications such as family-based petitions or asylum are pending provided you meet TPS eligibility criteria.
Frequently Asked Questions About DED
DED is a discretionary, temporary immigration relief granted by the U.S. President to nationals of specific countries experiencing unsafe conditions such as armed conflict, environmental disasters, or other extraordinary situations allowing these individuals to remain in the U.S. temporarily and preventing their deportation.
DED is available to individuals from countries designated by the president due to extraordinary conditions. Eligibility criteria may vary, but generally, you must:
- Be a national of a designated country or, in some cases, a person who has last habitually resided in that country
- Be in the U.S. at the time of the DED designation
- Meet other specific requirements as outlined in the designation announcement, such as continuously residing in the U.S. since a certain date
While both DED and TPS provide temporary relief from deportation, they differ in several ways:
- Authority: TPS is granted by the Secretary of the Department of Homeland Security, DHS while DED is a discretionary measure granted by the President
- Application Process: TPS requires an application to USCIS, whereas DED does not typically require a formal application. DED is generally announced through a Presidential directive
- Work Authorization: Both TPS and DED holders can apply for work authorization, but work authorization under DED is typically provided by the U.S. Department of Homeland Security
DED is typically granted for a temporary period, often 12 to 18 months. The President may extend or terminate DED for specific countries depending on the conditions in those countries. The U.S. government will announce any extensions or changes to the status.
Yes, individuals with DED may apply for work authorization. If approved, they will receive an Employment Authorization Document that allows them to work in the U.S. while under DED status.
Generally no without advance parole. Leaving the U.S. without advance parole may result in the loss of DED status, and re-entry may be denied. You would need to apply for advance parole if you wish to travel.
DED does not provide a direct path to a green card. However, if you are eligible for a green card through another process such as family or employment-based immigration, you may be able to apply while in DED status. It is important to consult an immigration attorney to determine if you qualify for a green card while under DED.
If DED is not extended or is terminated, you will lose your protection from deportation. You must leave the U.S. unless you qualify for another form of legal status or relief. If you remain in the U.S. without legal status, you may be subject to removal, i.e. deportation.
Yes, individuals who entered the U.S. without legal status may still be eligible for DED provided they meet the eligibility requirements set forth by the U.S. government. However, DED does not provide a path to permanent legal status, and you may still face other immigration consequences depending on your history.
DED is granted on a country-by-country basis and may change depending on the situation in those countries. Historically, the U.S. has granted DED to nationals of countries like:
- Liberia: DED was granted for Liberians due to civil war and instability
- Venezuela: The U.S. granted DED to Venezuelans due to the political and humanitarian crisis in the country
Check the U.S. Department of Homeland Security or USCIS website for the latest information on DED designations.
In most cases, DED holders do not need to register separately. If you are already in the U.S. when a country is granted DED, you are automatically eligible. However, you may need to file for an Employment Authorization Document if you wish to apply for work authorization.
DED only applies to the individuals who are directly covered by the U.S. president’s announcement. Family members such as spouse, children, etc. do not automatically benefit from DED. However, they may be able to apply for immigration relief through other means, such as family-based petitions or other forms of temporary relief.
Yes, DED can be terminated earlier than the announced period if the conditions in the designated country improve or the U.S. president decides to end the relief. Any change in status would be announced publicly.
If you are unsure whether you are eligible for DED or have questions about your specific situation, it’s important to consult with an immigration attorney to help you understand your rights, options for work authorization, and potential next steps for your immigration status.
Frequently Asked Questions About Humanitarian Parole
Humanitarian parole is a temporary permission granted by U.S. Citizenship and Immigration Services, USCIS or the Department of Homeland Security, DHS to allow individuals who are otherwise ineligible to enter the United States to do so due to urgent humanitarian reasons or significant public benefit.
Humanitarian parole is typically granted to individuals who can demonstrate that their entry into the U.S. is necessary due to:
- Humanitarian reasons: Medical emergencies, family reunification, or protection from imminent harm such as violence or persecution
- Significant public benefit: Instances where the individual’s presence is beneficial to the public, such as assisting with investigations, research, or public policy needs
Humanitarian parole is generally granted for a limited time, ranging from a few weeks to a year, depending on the circumstances and the reason for parole. The individual is expected to leave the U.S. at the end of the parole period unless they are granted another form of relief or legal status.
No, humanitarian parole does not provide a direct path to permanent residency, i.e. a green card. However, if you are in the U.S. on humanitarian parole, you may be able to apply for a green card through another process, such as family-based immigration, employment-based immigration, or asylum, if you meet the eligibility requirements.
Some common reasons for granting humanitarian parole include:
- Medical emergencies: If an individual requires urgent medical treatment that cannot be provided in their home country
- Family reunification: If a close family member in the U.S. is critically ill or there is a compelling family emergency
- Protection from harm: If a return to the individual’s home country would put them at risk due to factors like political unrest, war, or natural disasters
- Public benefit: If the individual’s presence in the U.S. is required for a specific purpose, such as assisting in an investigation or participating in a humanitarian project
You may be eligible to apply for work authorization while in the U.S. on humanitarian parole. If approved, you will receive an Employment Authorization Document, EAD that allows you to work in the U.S. during your parole period.
Travel outside the U.S. on humanitarian parole is generally not recommended, as leaving the U.S. may result in the loss of your parole status. If you must travel, you should apply for advance parole prior to leaving. Re-entry is not guaranteed, and you must demonstrate that you still meet the conditions for parole upon returning.
The processing time for humanitarian parole applications varies. It can take several months, depending on the urgency of the case, the type of evidence submitted, and the volume of applications being processed. In urgent situations, USCIS may expedite processing, but this is generally done on a case-by-case basis.
Once humanitarian parole expires, the individual must leave the U.S. If you need to stay longer, you must apply for an extension or another form of relief. Staying in the U.S. without legal status after parole expires could result in removal proceedings and affect future immigration options.
Yes, individuals who are already in the U.S. without legal status may apply for humanitarian parole if they meet the necessary requirements. However, approval is not guaranteed, and you may be required to leave the U.S. once your parole expires.
If your application for humanitarian parole is denied, you will receive a notification from USCIS explaining the reasons for the denial. You may have the option to appeal the decision, but this depends on the specific circumstances of your case. Alternatively, you may explore other immigration options for which you may qualify.
In some cases, family members may be able to accompany the principal applicant if they can demonstrate that their presence in the U.S. is necessary for the same humanitarian reasons such as family reunification. Each family member would need to apply separately and provide appropriate documentation to show the connection to the principal applicant’s case.
You must provide supporting documentation to demonstrate the urgent need for humanitarian parole. This could include:
- Medical records and letters from physicians in cases of medical emergencies
- Documentation of family emergencies, such as a critical illness or death of a family member in the U.S.
- Evidence of danger in your home country, such as police reports, government or NGO statements, or news articles detailing the situation
There is no formal appeal process for a denial of humanitarian parole, but you may be able to file a motion to reopen or reconsider with USCIS if you believe the decision was made in error. You may also seek legal counsel to explore other options for remaining in the U.S.
Humanitarian parole does not lead to a green card or other permanent status. However, if you qualify for another immigration status such as via a family-based petition, employment-based petition and or asylum, you may be able to adjust your status while in the U.S. on humanitarian parole. You should consult an Immigration Attorney to explore your options.
Contact us to ensure that your TPS, DED and work permit applications are properly completed and filed. We can also help you file for Humanitarian Parole with a detailed explanation and evidence of your circumstances. You must be persuasive as you are requesting a favor from USCIS. We can help USCIS understand your situation’s seriousness or why it is necessary for you to be in the United States.