Friday, March 11, 2011

Temporary Protected Status for Japan?

With the news of the devastating earthquake and tsunami hitting Japan, and President Obama's pledge for assistance, I wonder if the next step is for the Secretary of Homeland Security to declare Temporary Protected Status for Japanese citizens.

Temporary Protected Status or TPS is a form of protection for citizens of a certain country who find it impossible to return safely to their country of origin due to the conditions there. The 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 of Homeland Security may designate a country for TPS due to the following temporary conditions in the country:

-Ongoing armed conflict (such as civil war)
-An environmental disaster (such as earthquake or hurricane)
-Other extraordinary and temporary conditions

During a designated period, eligible individuals:

-Are not removable from the United States
-Cannot be detained by DHS
-Can obtain an employment authorization document (EAD)
-May apply for travel authorization

Although having TPS, by itself, does not lead to permanent resident status (a green card), a TPS beneficiary may immigrate permanently under another provision of law if qualified.

The last 2 countries that were granted TPS by the Secretary are El Salvador and Haiti (although not too effectively, according to a former chief counsel for USCIS, which I blogged about previously).

While the application of TPS may leave a lot to be desired, it certainly may be the only option available to many. More information about designation of countries, the application process and whether the applicant can find a path to citizenship based on TPS can be found on the uscis website here.

4 comments:

  1. Thank you for this post! I was looking for this information on internet. I wonder if you know how soon will the Homeland security decide about and if they will grant TPS status to Japanese citizens/residents?
    Thank You!

    ReplyDelete
  2. Hello, I have no idea when and even if USCIS will implement TPS protection for Japanese citizens but I will keep up to date and post the information as soon as available. You should check the USCIS official website, news section, for the most recent developments. (go to www.uscis.gov and click on the News tab on top of the page)

    ReplyDelete
  3. Thank You! Please update any info that you might know. God Bless You!

    ReplyDelete
  4. That is good move to help people who cant go back to their home because of natural disaster.
    immigration attorney chicago

    ReplyDelete