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Who is Eligible for TPS?
An alien who is a national of a country (or alien having no nationality who last habitually resided in that country) designated for TPS is eligible to apply for TPS benefits if he or she:
• Establishes the necessary continuous physical presence and continuous residence in the United States as specified by each designation;
• Is not subject to one of the criminal, security-related, or other bars to TPS; and
• Timely applies for TPS benefits. If the Secretary of Homeland Security extends a TPS designation beyond the initial designation period, the beneficiary must timely re-register to maintain his or her TPS benefits under the TPS program.
An alien is not eligible for TPS if he or she:
• Has been convicted of any felony or two or more misdemeanors committed in the United States;
• Is a persecutor, or otherwise subject to one of the bars to asylum; or
• Is subject to one of several criminal-related or terrorism-related grounds of inadmissibility for which a waiver is not available.
For more specific information relating to eligibility, see INA section 244(c)(2) and 8 CFR §§ 244.1 - 244.4.
What is Deferred Enforced Departure (DED)? DED has been granted to nationals of certain countries by the President as an exercise of his constitutional power to conduct foreign relations. DED was first used in 1990 and has been used for a total of five countries. In the past DED has provided for a temporary stay of removal and employment authorization.
As authorized by President Obama on March 20, 2009, qualified Liberians (and aliens without nationality who last habitually resided in Liberia) who were covered under DED as of March 31, 2009, will be provided an additional 12 months of DED (through March 31, 2010).
Abogados August 24, 2009 09:47 PM | Preguntas Para Abogados
