TPS vs Deferred Action & the DREAM Act
8/24/12
 
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from The Gray Area,

What is TPS (Temporary Protective Status)?

According to USCIS, the Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. 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 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), or an epidemic

-Other extraordinary and temporary conditions.

Countries Currently Designated for TPS include: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan and Syria.

Obama’s Deferred Action allows you to get a form of discretionary relief, which essentially gives you two important benefits:

1. Obama’s Deferred Action stops your deportation.

2. Obama’s Deferred Action allows you to get a work permit. You may request consideration of deferred action for childhood arrivals if you meet specific criteria.

Obama’s Deferred Action IS NOT the Dream Act.

If you are on TPS, you do not qualify for deferred action. If you are on TPS, you can not apply for the Dream Act.

The DREAM Act (The Development, Relief and Education of Alien Minors Act) is a bi-partition bill introduced to Congress in 2001 and reintroduced in 2009 by Utah (R) Senator Orion Hatch and Illinois (D) Senator Richard Durbin created to help youths brought the United States by undocumented parents as children who are now graduating from High School not only find a path to citizenship for themselves, but also be allowed to continue their education into college and beyond. The legislation is currently one vote short of passage in the Senate.