TPS & Humanitarian Parole Law Firm

Temporary Protective Status (TPS)

Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there. TPS has been a lifeline to hundreds of thousands of individuals already in the United States when problems in a home country make their departure or deportation untenable. A TPS designation can be made for 6, 12, or 18 months at a time. Many times, TPS designation is renewed by the government.

If USCIS grants TPS, that person receives a temporary stay of deportation and temporary work authorization in the United States. TPS beneficiaries are also eligible for advance parole, which provides permission to travel abroad and return to the United States. Advance parole is available even if the applicant has a removal order.

Which countries have TPS?

As of September 2022, the following 15 countries were designated for TPS and the designation had not expired: Afghanistan, Burma, Cameroon. El Salvador. Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen. For a list of countries and important initial filing and renewal dates, click on the USCIS link here.

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Couple Hugging each other in the Midde of the street.

Humanitarian Parole - Ukraine, Venezuela, and Beyond

The United States has the capacity to welcome people fleeing violence on humanitarian grounds, and the Uniting for Ukraine program is a clear example of a policy that the federal government can implement when the will exists to help specific groups of people in need of our protection. The President implements this policy and they change often.

The Biden administration announced a special parole program for Ukrainians that began April 25, 2022. On October 19, 2022, a similar program was announced for Venezuelans. The program is a streamlined process for Ukrainian and Venezuelan citizens to request permission to travel to the United States and apply for Humanitarian Parole. But Humanitarian Parole can be requested for many reasons including, reuniting a family member in an emergency, or for urgent medical treatment.

These programs allow individuals and organizations in the United States to apply on behalf of a Ukrainian or Venezuelans citizen and their immediate family to come to the United States. Once at a port of entry or at another location outside the United States, the Ukrainian or Venezuelan citizens can apply for Humanitarian Parole, which will usually be granted for two years. This parole also makes them eligible for work permits. To be eligible, they must have a sponsor in the United States and meet background checks and medical clearance requirements (including having a COVID-19 vaccination).

To apply for this program, a Ukrainian or Venezuelans citizen’s U.S. sponsor—either an individual or organization—must file an I-134 Declaration of Support. This form, which is most often used with other applications, can be submitted online for this program. After that application is submitted, the sponsored individual will be vetted and background checks will be complete. If approved, the individual receives permission to fly to a U.S. airport where they will then apply for Humanitarian Parole.

A similar policy was implemented for Afghan nationals, who were evacuated from Afghanistan to the United States or third countries as part of the Operation Allies Welcome. Afghans—in contrast to Ukrainians and Venezuelans—have been required to apply for Humanitarian Parole with USCIS through the regular process of filing an I-131.

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Deferred Enforced Departure (DED)

Deferred Enforced Departure (DED) is very similar to TPS but derives from the President’s foreign policy authority rather than from a specific law. As of June 2022, the countries designated for DED were Liberia, and Venezuela, as well as certain residents of Hong Kong. There are no explicit criteria for making DED decisions or for determining who would be eligible for DED. Just like TPS holders, DED beneficiaries receive employment authorization and a stay of deportation; however, they are not permitted to travel abroad.

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