Asylum/Refugee/TPS

 Asylum Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum. Eventually, an asylee may adjust their status to lawful permanent resident. Asylum application is a complex process and requires significant and specific types of evidence to support your basis for asylum. An experienced asylum lawyer will help you increase your chances of a succesful application process.

Every year, thousands of people come to the United States in need of protection because they have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion. Those found eligible for asylum are permitted to remain in the United States.

Unlike the U.S. Refugee Program, which provides protection to refugees by bringing them to the United States for resettlement, the U.S. Asylum Program provides protection to qualified refugees who are already in the United States or are seeking entry into the United States at a port of entry. Asylum-seekers may apply for asylum in the United States regardless of their countries of origin. There are no quotas on the number of individuals who may be granted asylum each year (with the exception of individuals whose claims are based solely on persecution for resistance to coercive population control measures). Contact us to set up an in-office or virtual appointment to review your case.

Refugees Every year millions of people around the world are displaced by war, famine, and civil and political unrest. Others are forced to flee their countries in order to escape the risk of death and torture at the hands of persecutors. The United States (U.S.) works with other governmental, international, and private organizations to provide food, health care, and shelter to millions of refugees throughout the world. In addition, the United States considers persons for resettlement to the U.S. as refugees. Those admitted must be of special humanitarian concern and demonstrate that they were persecuted, or have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

Each year, the State Department prepares a Report to Congress on proposed refugee admissions, and then the U.S. President consults with Congress and establishes the proposed ceilings for refugee admissions for the fiscal year. For the 2005 fiscal year (i.e. October 1, 2004 - September 30, 2005), the total ceiling is set at 70,000 admissions and is allocated to six geographic regions: Africa (20,000 admissions), East Asia (13,000 admissions), Europe and Central Asia (9,500 admissions), Latin America/Caribbean (5,000 admissions), Near East/South Asia (2,500 admissions) and 20,000 reserve.

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Temporary Protected Status Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L. 101-649, Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, and the authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service (Service) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).

During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status. When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS designation, the alien reverts to unlawful status upon the termination of that TPS designation.

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Current TPS-designated Countries 

• Afghanistan
• Burma (Myanmar)
• El Salvador
• Ethiopia
• Haiti
• Honduras
• Nepal
• Nicaragua
• Somalia
• Sudan
• South Sudan
• Syria
• Ukraine
• Venezuela
• Yemen