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TPS - Temporary Protected Status

Temporary Protected Status, or TPS, is a temporary immigration status granted to eligible nationals of designated countries. TPS is available to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions.

During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS designation, the alien reverts to unlawful status upon the termination of that TPS designation.

Countries that are Currently Designated for TPS

Designated Country Most Recent Designation Date Current Expiration Date Current Re-Registration Period EAD Automatically Extended Through
El Salvador

March 9, 2001

September 9, 2010

October 1, 2008 to December 30, 2008

September 9, 2009

Haiti

January 21, 2010

July 22, 2011

Honduras

January 5, 1999

July 5, 2010

October 1, 2008 to December 30, 2008

July 5, 2009

Nicaragua

January 5, 1999

July 5, 2010

October 1, 2008 to December 30, 2008

July 5, 2009

Somalia

September 4, 2001

March 17, 2011

July 27, 2009 to September 24, 2009

March 17, 2010

Sudan

October 7, 2004

November 2, 2011

December 31, 2009 to March 1, 2010

NO Automatic Extension

Deferred Enforced Departure (DED)

Deferred Enforced Departure Extended for Certain Liberians
USCIS Automatically Extends Employment Authorization Documents Through September 2009  ~March 26, 2009 USCIS

U.S. Citizenship and Immigration Services (USCIS) today automatically extended the employment authorization for six months, through Sept. 30, 2009, for qualified Liberians and those persons without nationality who last habitually resided in Liberia, who are covered under Deferred Enforced Departure (DED).  This action was taken in response to President Obama’s announcement extending DED for certain qualified Liberians through March 31, 2010. This information will soon appear in a Federal Register Notice with instructions for Liberian nationals who are covered under DED to obtain employment authorization for the remainder of the 12-month DED extension, through March 31, 2010.

This automatic extension of employment authorization will allow sufficient time for eligible DED beneficiaries to receive new Employment Authorization Documents (EAD) without any lapse in employment authorization. The Notice also explains how these individuals may request an EAD extension through March 31, 2010.

How do I know if I am covered by the extension of DED?

With certain exceptions, you are eligible for an extension of DED if you are present in the United States and are covered under DED as of March 31, 2009.  Generally, if you held Temporary Protected Status (TPS) as of Sept. 30, 2007, then you are covered by Liberian DED and the 12-month extension applies to you.

How many Liberian nationals are currently covered under DED?

Approximately 3,600 Liberian nationals are currently protected under DED and are eligible to receive employment authorization in the United States.

How do I determine if I am not covered by DED?

You are not eligible for DED under the president’s determination if

  1. you are ineligible for TPS for the reasons provided in section 244(c)(2)(B) of the Immigration and Nationality Act
  2. your removal is determined to be in the interest of the United States
  3. the Secretary of State has reasonable grounds to believe your presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States
  4. you have voluntarily returned to Liberia or your last habitual residence outside the United States
  5. you were deported, excluded, or removed prior to the date of this memorandum
  6. you are subject to extradition

If I am covered by DED, how long will this extension of DED allow me to remain in the United States?

Under this extension, you will continue to be covered by DED for 12 months from April 1, 2009, through March 31, 2010.

Do I need to apply or register to receive an extension of DED?

 No. DED is automatic. However, if you would like to receive work authorization, you must file an Application for Employment Authorization, Form.

Contact Malee about your situation to discuss TPS or DED.

Malee Ketelsen is a US Immigration attorney practicing law in Minnesota and all over the world.

 
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