TPS + DACA

Temporary Protected Status (TPS) is a program available to nationals from certain countries who are already in the U.S. as of a certain date, and where their country has been deemed unsafe for their return. Benefits of TPS include temporary protection from removal, eligibility for a work permit, and travel authorization.

There are a variety of countries currently designated for TPS, including:

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

Each of these countries qualified for TPS on a certain date in the past. Contact Encanto Law to determine whether you are eligible for TPS protection.

DACA is the “Deferred Action for Childhood Arrivals” program, which was instituted in 2012. This program was created to protect people who immigrated here as children, and who have remained here continually since that time (also known as “Dreamers”). Unfortunately, the DACA program has been somewhat jeopardized in recent years due to lawsuits and court orders. Learn more below.

To be eligible for DACA, you must satisfy the following:

• Born on or after June 16, 1981
• Arrived in the U.S. before your 16th birthday
• Continuously resided in the U.S. since June 15, 2007
• Physically present in the U.S. on June 15, 2012
• No lawful status on June 15, 2012
• Currently enrolled in school, or graduated/completed high school or a GED (or honorably discharged veteran)
• No felony convictions, no “significant misdemeanors,” no threat to national security, and no more than 2 other misdemeanors

At the time of the posting on this website, initial requests for DACA are being accepted by USCIS but NOT being processed. Stay tuned for possible changes in the future.

Yes, current grants of DACA and related work permits are valid, and USCIS will accept and process renewal DACA requests and their accompanying employment authorization. USCIS will also accept and process advance parole applications for DACA recipients.