Temporary protective status (TPS) is a form of immigration relief that allows citizens from certain designated countries to remain in the United States for a specified amount of time. The function of TPS is to allow those citizens to remain in the United States because returning to their country could be hazardous to their health, safety and wellbeing.
The United States government has the sole authority to decide which countries qualify for TPS. Once a country qualifies for TPS, the government makes routine accessments to determine whether the conditions in that country have changed in a way that allows the safe return of their citizens.
The United States government can decide to extend TPS or terminate TPS during these assessments. However, the government must give at least sixty (60) days notice before a proposed termination date of TPS to a designated country. This time frame allows individuals to take care of any personal matters before departing the United States.
Recent Developments and Announcements Regarding TPS:
TPS for Honduras extended to July 5, 2018.
TPS for Nicaragua to terminate on January 5, 2019.
TPS for Haiti to terminate on July 22, 2019.
Remaining Countries with TPS and Current Termination Dates:
TPS for El Salvador extended to March 9, 2018. It is estimated that DHS will make a TPS assessment for El Salvador by January 8, 2018.
TPS for Syria extended to March 31, 2018.
TPS for Nepal extended to June 24, 2018.
TPS for Yemen extended to September 3, 2018.
TPS for Somalia extended to September 17, 2018.
TPS for Sudan to terminate on November 2, 2018.
TPS for South Sudan extended until May 2, 2019.
If you would like to determine whether you, a family or friend qualifies for Temporary Protective Status (TPS) please contact me at (301) 404-4008 or by email at roberto@rbaezlaw.com.
Last week a national and citizen of Uzbekistan rented a Home Depot pickup truck and drove that vehicle on a New York City bike path killing at least eight (8) people and injuring many others. The act is now being described as a “terrorist attack.” It is said that the Uzbekistan national entered the United States through the Visa Diversity Program.
After the incident, President Trump stated the Visa Diversity Program should be terminated and has asked Congress to take the necessary steps to accomplish that goal. His reason? The Visa Diversity Program is allowing terrorists to enter the United States. However, individuals who qualify to enter the United States through the Visa Diversity Program are subject to the same requirements, if not more, that other immigrants are subject to before entering the United States. These individuals are subject to a qualification process and background check before they are granted permission to enter the United States.
President Trump’s reasoning is one of a slippery slope. If we allow the actions of one person to dictate the existence of an immigration program designed to give a chance to those at a disadvantage, then we must ask ourselves, what will be the next immigration program to be terminated based on the action of one person?
The Visa Diversity Program cannot and should not be terminated because of the action of a lone actor who used a vehicle to commit a cowardice act of terror. Is the system perfect? Probably not. Are there safeguards to prevent bad people from entering the United States? Absolutely. We cannot simply “cut the entire tree because of a bad apple.”
We should take into the consideration the thousands of lives that will be affected if the Visa Diversity Program is terminated. I don’t have the correct answer as to how to prevent this from happening in the future, but the correct answer is not to terminate the Visa Diversity Program completely.
What is the Visa Diversity Program?
The Visa Diversity Program was created to allow countries whose citizens are under-represented in regards to emigration to the United States. Essentially, this program allows individuals from countries with low emigration rates to the United States an alternate avenue to be able to travel to and reside in the United States.
The Visa Diversity is a lottery system. There is no cost to submit your initial application. Individuals from qualifying countries can submit an application to the United States Department of State. For a list of qualifying countries click here. The deadline to submit your application is 12:00 PM on Wednesday November 22, 2017.
Once your application is submitted, you will receive a confirmation page with a unique confirmation number. Thereafter, you will need to check your application online anytime from May 15, 2018 – September 30, 2019.
If your application is selected, you will then begin the process of qualifying for lawful permanent resident status in the United States. It is very important to note that selection of your application does not guarantee a visa and lawful permanent resident status. You must meet all the requirements and qualifications before you are given lawful permanent resident status.
If you would like to determine whether you, a family or friend qualifies for the Visa Diversity Program please contact me at (301) 404-4008 or by email at roberto@rbaezlaw.com.