LOS ANGELES—Immigrant groups urged the Department of Homeland Security (DHS) last Dec. 19 to take swift action and grant Temporary Protected Status (TPS) to the Philippines before Christmas.
The immigrant groups, who attended a press briefing in front of the LA Federal Building, represented Relief to Recovery—a national public campaign advocating for the granting of the TPS for Pinoys in the US as part of the effort to aid the families affected by the devastation of Typhoon Haiyan (Yolanda).
The campaign is waged across America by a coalition of domestic workers, legal advocates, grassroots community organizations, faith leaders and other concerned individuals.
“One thing I am praying that we can give thanks for on Christmas Eve is the granting of TPS,” said Pastor David Farley of the Echo Park Methodist Church. Farley also represents the Immigration Task Force of the California-Pacific Conference of the United Methodist Church.
The Philippine government’ has officially made a formal request to the US for a TPS designation.
Aquilina Versoza of the Pilipino Workers Center praised the Philippine government for taking the first step in the process of securing TPS for Filipinos in the US.
“The United States Department of Homeland Security has already been studying this issue and now they can make a decision to grant TPS for Filipinos and we’re urging them to grant it before Christmas,” Versoza said.
“The sooner they can grant it, the sooner that this will also help the relief efforts,” she added.
With a TPS in place, Filipinos in the US can more easily send aid to their families affected by the typhoon. Qualified individuals can secure employment authorization documents (EADs) that will allow them to work during the period of TPS, enabling them to send financial and other kinds of support back home.
Also, TPS-qualified individuals can travel back to the Philippines, to personally help with the recovery of their families and grieve with their loved ones without fear of deportation.
Key points of TPS
According to the US Citizenship and Immigration Services (USCIS) website (www.uscis.gov), TPS is a temporary relief designated to a foreign country due to conditions in that country that may temporarily prevent its nationals from returning safely, or in certain cases, where the country is unable to handle the return of its nationals adequately.
The DHS secretary may designate a country for TPS because of ongoing armed conflict (such as civil war), an environmental disaster, or any other extraordinary and temporary conditions.
In the case of the Philippines, the destruction caused by Typhoon Haiyan falls under the category of environmental disaster.
During a designated period of TPS, which usually lasts 6 to 18 months, individuals eligible for TPS are not removable from the US, can obtain EADs, and may be granted travel authorization.
Once granted TPS, a person cannot be detained by the DHS on the basis of his or her immigration status in the US.
However, it should be noted that TPS is a temporary relief that does not lead to lawful permanent resident status or any other immigration status.
The USCIS, however, clarified that it does not prevent a person from applying for nonimmigrant status, filing for adjusting of status, based on an immigrant petition, or from applying for any other immigration benefit or protection which he or she may be eligible for.
Be ready
According to Atty. Allison Aquino Silva, Filipino American Service Group, Inc. (FASGI) chair of the board of directors, the Obama administration and the DHS have the “immediate ability” to grant the designation of TPS.
Once the designation has been granted, the designation and the official start of application will be announced in a legal publication for a period of time, Silva said.
“The grant can be immediate. And then generally speaking, the publication would be about a month or so. But it could certainly be shorter,” Silva said.
The FASGI official said that “in some situations, it was as quick as eight days.”
Once that announcement is made, the filing period will start. And there will only be a certain period (anywhere from 2 to 6 months) when qualified individuals can file their applications.
“Individuals do need to start preparing now in anticipation of that filing period so that they are prepared to file as soon as it becomes available,” Silva said.
One of the important qualifications for TPS is that an individual must prove that he is a Filipino national.
Because of this, identification documents are crucial in filing for an application for TPS, Silva said.
She advised individuals who cannot obtain a state ID or a driver’s license to go to their nearest Philippine Consulate and apply for passport renewal, as soon as possible. A Philippine passport can serve as an identification document.
She also said that other requirements include birth certificates, marriage certificates, and documents that prove a person’s physical presence in the US.
There will be a required period of time for an applicant’s physical presence in the US and proof of continuous residence. This will be made known, once the announcement is made, Silva said.
She also assured that once TPS is granted, all Filipino nationals in the US can qualify, regardless of whether or not they were are affected by Typhoon Haiyan/Yolanda, as long as they can prove their Filipino citizenship.
