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TPS UPDATE FOR HAITIANS

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On November 20, 2017, Homeland Security (DHS) Acting Secretary Duke announced the termination of Temporary Protected Status (TPS) for Haitians with an 18-month grace period (until July 22, 2019) and the requirement that Haitians reapply for work permission in order to continue working. The end of this important program means that 59,000 people from Haiti who have lived in the United States legally for years, will lose their permission to live and work here and could face deportation.

DHS granted Haitians in the U.S. TPS status after a 2010 massive earthquake that killed more than 316,000 people and left more than 1.5 million homeless, making the country unsafe for Haitians to return. Shortly after, Haiti suffered the worst cholera epidemic in recent history, killing thousands more. And most recently, the country suffered yet another disaster after an October 2016 hurricane killed a thousand more people.

This announcement comes at a time when Haitians should be enjoying Thanksgiving with families and friends, but instead are in fear of losing their jobs, homes and being separated from their family. The termination of TPS for Haiti is a continuation of the Trump administration’s anti-immigrant assault on hardworking people who contribute to and are part of our communities. But we will not back down. The fight to protect people with TPS and all immigrant families continues.

This is a list of important things Haitians with TPS should know and do now:

1. Don’t panic. You continue to have authorization to live and work in the U.S.

The DHS statement provides that TPS for Haitians will end on July 22, 2019. That means that if you extend your work authorization, you will have permission to live and work in the U.S. until July 22, 2019. But after July 22, 2019, Haitian TPS holders will no longer be protected from arrest and deportation.

2. Be prepared to apply for work authorization before January 22, 2018

You will be required to apply for work authorization in order to continue working with permission. Work authorization for Haitians with TPS currently ends on January 22, 2018. The Federal Register notice that explains the rules for applying for work authorization, has not yet been issued but we expect Haitian TPS holders will have a 60-day window to apply for an extension of work authorization. Check back frequently for the latest update.

3. The announcement should not cause your employer to re-verify your work authorization now

Your employer does not need to re-verify your employment authorization until after January 22, 2018. You continue to have work authorization until that date and your employer should not ask for additional documents in order for you to continue working.

4. Find out if you qualify for another type of immigration status. Do this now!

Many TPS holders have been in the U.S. for years and may be eligible for other types of immigration status and benefits. To see a partial list of possible immigration options use this checklist and then consult with a reputable immigration attorney or legal services organization. You can also use this online immi tool to find a path that’s right for you.

5. Carry proof of TPS status

It’s important to keep proof that you have TPS status with you. A copy of your employment authorization card, or a notice of approval will prove that you have TPS status.

6. You have rights under the U.S. Constitution

All people in the U.S. have certain rights under the U.S. Constitution. Visit the Know Your Rights section.

7. Beware of notarios! Get reputable legal help.

Find reputable immigration attorneys and legal services organizations at iAmerica.org/legalhelp. Avoid scammers and notarios who claim to be able to help you.

8. Take action and make your voice heard!

Get your family, friends, neighbors and coworkers involved in the fight to protect immigrants. Ask friends and family to join you in calling your members of Congress to demand they protect people with TPS and support efforts to allow TPS holders to stay in the U.S. legally: 1-888-204-8353
 

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TPS UPDATE FOR NICARAGUANS AND HONDURANS

On November 6, 2017, Homeland Security (DHS) Acting Secretary Duke announced the termination of Temporary Protected Status (TPS) for Nicaraguans. The end of this important program means that thousands of people from Nicaragua who have lived in the United States legally for years, some for nearly two decades, will lose their permission to live and work here and could face deportation. While this announcement did not include the end of TPS for 57,000 Hondurans as expected, it is another example of the Trump administration’s anti-immigrant, and racist assault on hardworking people who contribute to and are part of our communities. But we will not back down. We are united in this fight to protect immigrant families.

This is a list of important things Hondurans and Nicaraguans with TPS should know and do now:

1. Don’t panic. You continue to have authorization to live and work in the U.S.

Nicaraguans: The DHS statement provides that TPS for Nicaraguans will end on January 5, 2019. That means that if you extend your work authorization, you will have permission to live and work in the U.S. until January 5, 2019. But after January 5, 2019, Nicaraguan TPS holders will no longer be protected from arrest and deportation.

Hondurans: DHS delayed making a decision on whether to extend or terminate TPS for Hondurans for another 6 months, stating that further information on Honduras was necessary.  This means that if you extend your work authorization, you will have permission to live and work in the U.S. until July 5, 2018. The decision on whether to extend Honduran TPS for a longer period is expected to be issued on May 6, 2018.
 
2. Be prepared to apply for work authorization before January 5, 2018
The announcement also states that there will be no automatic work authorization for Nicaraguan and Honduran TPS holders. Instead, you will be required to apply for work authorization in order to continue working with permission. Work authorization for Nicaraguans and Hondurans with TPS currently ends on January 5, 2018. The Federal Register notice that explains the rules for applying for work authorization, has not yet been issued but we expect Nicaraguan and Honduran TPS holders will have a 60-day window to apply for an extension of work authorization. CHECK BACK FREQUENTLY FOR THE LATEST UPDATE.

3. Find out if you qualify for another type of immigration status. Do this now!
Many TPS holders have been in the U.S. for years and may be eligible for other types of immigration status and benefits. To see a partial list of possible immigration options use this checklist and then consult with a reputable immigration attorney or legal services organization. You can also use the online immi tool to find a path that’s right for you.

4. Carry proof of TPS status
It’s important to keep proof that you have TPS status with you. A copy of your employment authorization card, or a notice of approval will prove that you have TPS status.

5. The announcement should not cause your employer to re-verify your work authorization now
Your employer does not need to re-verify your employment authorization until after January 5, 2018. You continue to have work authorization until that date and your employer should not ask for additional documents in order for you to continue working.

6. You have rights under the U.S. Constitution
All people in the U.S. have certain rights under the U.S. Constitution. Visit the Know Your Rights section.

7. Beware of notarios! Get reputable legal help.
Find reputable immigration attorneys and legal services organizations. Avoid scammers and notarios who claim to be able to help you.

8. Take action and make your voice heard!
Get your family, friends, neighbors and coworkers involved in the fight to protect immigrants. Ask friends and family to join you in calling your members of Congress to demand they protect people with TPS and support efforts to allow TPS holders to stay in the U.S. legally: 1-888-204-8353

 Download

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TOP 10 QUESTIONS ON TPS
 

1. What is TPS?

TPS, or Temporary Protected Status, allows people from certain countries to live and work in the United States during a humanitarian crisis in their home countries.

2. What type of humanitarian crisis would lead to TPS?

Here are some reasons the Secretary of Homeland Security (DHS) can authorize TPS for countries:

  1.     Armed conflict, such as civil war, threatening people’s safety
  2.     Environmental disasters such as a hurricane or earthquake that disrupts living conditions
  3.     Extraordinary and temporary conditions in the country that prevent the safe return of the population

3. How long are TPS grants?

The Secretary of DHS can authorize TPS for6, 12, or 18 months at a time. This authorization can be extended or terminated.

4. How many people have TPS?

It’s estimated, as of September 2017, that over 320,000 peoplein the U.S. have TPS.

5. Who are the people who have TPS?

People with TPS are essential workers who have lived and worked in the U.S. for years and even decades. Many people with TPS work in construction, the hotel and restaurant industry, landscaping and childcare. Many also operate their own businesses. About 100,000 TPS holders live in homes that they own and pay mortgages to U.S. banks

6. What ties do TPS holders have to the U.S.?

TPS holders from El Salvador, Honduras and Haiti have about 273,000 U.S. citizen children. Also 10% of the Salvadoran TPS holders are married to a legal resident of the U.S.

7. Which countries have TPS?

El Salvador
Haiti
Honduras
Nepal
Nicaragua
Somalia
South Sudan
Sudan
Syria
Yemen

8. What are the requirements to receive TPS?

  •  Arrived in the U.S. and continued to live in the U.S. since a specific date;
  •  Filed an application with a filing fee and passed security and criminal checks.

 
9. What would be the economic impact on the U.S. of ending TPS?

According to an April 2017 study, ending TPS would cause a reduction of $45.2 billion to the U.S. Gross Domestic Product (GDP) and a $6.9 billion reduction in Social Security and Medicare contributions over the next decade. Ending TPS would also cause employers to face approximately $967 million in the turnover costs of replacing and training laid off TPS holders.

10. Why should we keep fighting to preserve TPS?

TPS offers humanitarian protection to people unable to return to their home countries due to natural disasters, war and other extraordinary situations. Providing this protection is a moral imperative. While preserving TPS brings economic benefits to the U.S., it would also allow American families to stay together--U.S. citizen children would remain with their parents and grandparents.

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WHO ARE TPS HOLDERS?


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APPLYING FOR OTHER TYPES OF IMMIGRATION STATUS AFTER TPS

Temporary Protected Status (TPS) allows people from certain countries to live and work in the United States for a temporary period of time. TPS does not lead to permanent immigration status in the United States. In the past, people granted TPS often have been allowed to extend their TPS status every 18 months. However, the Trump administration has voiced its intent to limit TPS extensions.

While we continue to fight for TPS extensions, it’s important to consider whether you might qualify for another type of immigration status. Now is the time to look into whether you qualify.

It is important that you consult with a reputable legal services provider as soon as possible. iAmerica has a list of legal services providers. Make sure you find a trustworthy legal services provider.


I have TPS now. Can I apply for another type of immigration status?

Yes. Many people who have TPS are eligible for other types of immigration status and benefits. If you are interested in looking into whether you qualify for other types of immigration status during the time that you have TPS, it’s important to seek the assistance of a reputable legal services provider. iAmerica has a list of legal services providers.

How do I know if I qualify for other types of immigration status?

To get a general idea of some of the requirements for other types of immigration benefits, use iAmerica’s checklist of eligibility requirements for various types of immigration status. This is not a complete list and it’s important to check with a reputable legal services provider to learn whether you qualify for another type of immigration status.

Is there a deadline to apply for other types of immigration status?

It is important to apply for another type of immigration status as soon as possible. If you currently have TPS, you will be “in status” until the date TPS expires. In many cases, being “in status” will help you when you apply for another type of immigration status.

Don’t forget, filing for another immigration status now while you have TPS may allow you to take advantage of other immigration benefits in the future and preserve your ability to live and work in the United States.

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CHECKLIST OF IMMIGRATION OPTIONS FOR TPS HOLDERS

This checklist is a partial list of possible immigration options.

You may be eligible for immigration benefits that will allow you to stay in the U.S. Check all the boxes that apply to you and then contact a legal services provider.

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immi: Do you qualify to stay in the U.S.?

Find the path that's right for you. Answer some simple questions to get started.

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Click here to learn more about TPS and join the fight to save it.