Case: TPS Extension
Client: Honduran
Location: Michigan
The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS. The Secretary may designate a country for TPS due to the following temporary conditions in the country: 1) Ongoing armed conflict (such as civil war); 2) An environmental disaster (such as earthquake or hurricane), or 3) an epidemic other extraordinary and temporary conditions. During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):
• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted for travel authorization
Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.
Our client first entered the United States in 1996 and has resided in the U.S. ever since. He had obtained TPS and work permits for a long time. He contacted our office in December 2011 for his TPS re-registration and work permit. He previously tried to re-register the TPS, but it was denied due to his criminal record. He has not had a work permit for over 2 years. Our client retained us on January 3, 2012. On January 4, 2012, our office filed his TPS Application and Work Permit with a brief regarding his eligibility. We explained that our client has continued residence in the United States and continued physical presence since 1999. On March 23, 2012, the USCIS approved his TPS and issued a valid work permit for our client.
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