SIMPLIFYING THE UNITED STATES’ DACA AND TPS PROGRAM

Introduction

USA DACA AND TPS PROGRAM as If you are from another country but live in the US, you might be able to get some help from the government to stay here temporarily. There are two main options: DACA and TPS.

DACA and TPS are two different paths that let people who meet the requirements stay in the US and work. Depending on your situation, one might be a better fit for you. If you are not sure which one to go for, set up a meeting with a lawyer who knows about immigration to get some advice.

If you came to the US when you were a kid or are living here now but can’t go back to your home country, you could qualify for a temporary stay. You can apply for either DACA or TPS.

In this post, you will find out more about the DACA and TPS options for people from other countries, including those from Mexico and Colombia.

Overview of the DACA program

DACA means Deferred Action for Childhood Arrivals. It is a program that helps around 800,000 young people living in the US without legal papers who came over here when they were kids. It was started in 2012 to let these kids stay in the US instead of being sent back. At first, it was only for two years, but you could get it renewed.

It didn’t give them any official status or US citizenship, but they could get a Social Security number and a work permit. President Trump has wanted to stop the program since it started. In September 2017, the US government said they wouldn’t process any new applications or renewals. However, a court decision allowed them to keep letting people renew their DACA.

Also, in December 2020, a judge said it was still okay for people who first signed up for DACA to get in, even after the Trump administration stopped accepting new ones. The judge also said they could extend their DACA for another two years instead of just one.

The Biden team made it harder to get DACA by announcing a final rule in 2022. Right now, a Texas court order is stopping new people from joining the program, so the US government is just processing renewals.

But, with the court order still up in the air, they are not taking applications from people who already have DACA or from those whose DACA has expired for over a year. If you already have DACA or haven’t applied yet, you might not be able to apply right now. But, if the Texas court rules in your favor, you could still try to get in later.

Most of the people who have applied for DACA were from Mexico. If you are wondering if you qualify, it might help to talk to an immigration lawyer who knows about immigration.

Overview of the TPS program

The TPS program permits individuals from nations at risk of conflict or natural calamities to temporarily reside and work in the United States. It stands apart from permanent residency or citizenship, designed to assist those unable to safely return to their home nations.

In certain instances, owing to conflict or natural disasters, the US government permits certain people from specific nations currently residing in the US to remain within the country temporarily. They are eligible to apply for TPS during this period, thereby avoiding the need to relocate. They are permitted to live, work, and even obtain travel visas.

The Department of Homeland Security has the authority to determine which nations are eligible to remain in the US in the event of conflict, natural disasters, disease outbreaks, or any other circumstances that hinder their return.

A country can receive Temporary Protection Status (TPS) for periods ranging from six to eighteen months. The Secretary of State is required to make a decision on whether to terminate or prolong the TPS for at least six months prior to its expiration.

The decision regarding the continuation or termination of a country’s TPS must be made public. If there be no decision regarding the continuation or termination of a country’s TPS, it is extended for six months by default. The statute does not specify what constitutes “temporary” or impose a limit on the duration a country can maintain TPS.

At present, Mexico and Colombia do not qualify for TPS. However, for individuals from Mexico or Colombia, an immigration lawyer can help arrange a solution.

Eligibility for DACA – USA DACA AND TPS PROGRAM

If you are thinking about applying for DACA, it is a good idea to chat with a lawyer who knows about immigration. But here are a few key things you should know.

To qualify for DACA, you need to:

• Be younger than 31 by June 15, 2012;
• Have arrived in the US before you turned 16;
• Have been living here since June 15, 2007, was physically here on that day, and didn’t have any legal issues at that time;
• Be either in school, have graduated, have a GED, or have served in the US military honorably;
• Not have any serious felony charges, major misdemeanor charges, or convictions related to public safety.

Eligibility for TPS – USA DACA AND TPS PROGRAM

If you are thinking about applying for Temporary Protection Status (TPS), you need to either be from a country that has TPS or have been living there for a while. You also have to have applied on time or have a good reason for missing the deadline.

Plus, you should have been living in the US since your country first got TPS. You can’t get TPS if you have been convicted of a serious crime or more than a few minor ones. You also can’t get TPS if you are seen as a security risk, have a rule against you for seeking asylum, or weren’t in the US when your country got TPS.

If you haven’t been living in the US after getting TPS, or if you don’t come back to register after you first got TPS, you won’t be able to apply for it in the US. Talking to an immigration lawyer can help you figure out if you are even eligible to apply for TPS.

Comparing the DACA program with the TPS program

To get TPS, you need to be born in one of the countries that qualify for it and have lived there when you are eligible. It doesn’t matter how old you are. DACA is for folks who came to the US before they turned 16, were younger than 31 when they got here on June 15, 2012, and met other education and criminal background checks.

TPS is only for a certain period, and you can only get it renewed if your home country is still eligible. It won’t give you permanent residency. If you meet the DACA requirements, you can get two years of protection, which you can keep renewing. However, it won’t let you directly apply for a green card.

People with TPS can work in the US and aren’t at risk of being sent back. They might also be able to get travel visas. DACA recipients are also safe from being sent back. They can work and in some places, drive and go to in-state colleges.

TPS doesn’t automatically make you a citizen or give you a green card. If you qualify for TPS, you should also look into other ways to become a legal resident. The same goes for DACA. It doesn’t make you a citizen, but it doesn’t stop you from exploring other paths to get legal status.

If you are looking to figure out how to become a legal resident in the US, you can reach out to an immigration lawyer for advice.

How to get started with a USA DACA AND TPS PROGRAM ?

To kick off your DACA application, you will need to fill out two forms: I-8021D and I-765. Once you have those done, head over to USPS to mail them in and pay the fees. Next, you have to book and show up for a biometric check-up at a USCIS office.

If you are thinking about applying for DACA, you will need to share your personal info with USCIS through their forms. USCIS is the big boss in charge of the program. Make sure your application is all set after you have finished your biometric check-up. If you have any questions, talking to an immigration lawyer could really help.

How to get started with a TPS application?

If you are looking to apply for TPS, your first move is to fill out an I-821 form and drop it off. For your first round, you can also throw in a form asking for work permission, which would let you work in the US if your application gets the approval.

All the forms and documents need to be sent over to US Citizenship and Immigration Services (USCIS). If your application gets turned down, you can file a Form I-601 to get rid of any disqualifying stuff. It is super important to have all the right proof and documents ready to go. If you are not sure what to include, getting advice from an immigration lawyer could be a good idea. Once everything is in order, you can send it off to USCIS within the deadline.

When USCIS gets your application, you will get a receipt notice. They usually take about three weeks to get back to you. If USCIS rejects your application, they will tell you why.

After your application is up, USCIS might ask for more stuff, like a photo, fingerprints, or a signature for anyone over 14. This is to make sure you are who you say you are, check your background, and issue you an Employment Authorization Document (EAD).

During the biometric part of your application, you will need to bring your photo, proof of the fees you paid, an appointment notice, and your EAD, if you have one. If you can’t make your biometric appointment, it could mean you have to wait longer for another one. Missing your appointment could also mean your application gets rejected.

USCIS will look over your application to see if you are eligible. If they say you are, you will get a notice. You will also get an Employment Authorization Document (EAD) if you ask for one.

But, if USCIS says no to your application, they will tell you why and let you know what you can do about it. The best way to succeed in the TPS program is to talk to an immigration lawyer.

Get help! – USA DACA AND TPS PROGRAM

Learn how to get some short-term help in the US and get the support you need from an immigration lawyer who can help you navigate the process. They can also clear up any immigration questions and explain how the US immigration system works.

At Gehi and Associates, we have helped clients from all over the world with complex immigration law issues, and we are here to help you too.

If you are not sure what steps to take or if you are eligible for DACA or TPS protection, talk to one of our seasoned immigration lawyers. We are sure you will find our expertise, commitment, and drive to assist you valuable. Get in touch with us today!