In previous articles, I wrote about the possibility of Filipinos being granted Temporary Protected Status (TPS), as a result of the devastation caused by Typhoon Yolanda. Although the Philippines has not yet been designated for TPS, I would like to update you on developments.
By way of background, TPS is available for people who are already in the US, but conditions in their home country (such as armed conflict, hurricanes, earthquakes, or typhoons) make it difficult for them to return safely. If a particular country is designated for TPS, then citizens of that country (who are in the US) could receive temporary relief from deportation/removal, work authorization, and possible authorization to travel to their home country. Once TPS is granted, a person cannot be removed\deported\detained by DHS on the basis of his or her immigration status in the US.
On November 20, 2013, twenty US Senators sent a letter to the Acting Secretary of the Department of Homeland Security (DHS) in support of TPS for Filipinos.
On December 16, 2013, the Philippine government formally requested TPS from the DHS and DOS “to allow eligible Filipinos to stay and work in the US so they could support the country’s long-term post-typhoon recovery efforts.” (Having the government of the affected country request TPS is usually the “first step” in that process. Therefore, that first step was made.)
On February 6, 2014, nineteen US Senators sent a letter to Sec. John Kerry of the Department of State (DOS), “to ask that you also support the granting of TPS to eligible Filipino nationals who are in the United States.” Thus, Senators have requested both the DHS and the DOS to grant TPS to Filipinos.
In their February 6, 2014 letter, the Senators point out that TPS should “be granted to Filipinos in the US until they can safely return to the Philippines without putting further stress on efforts to provide typhoon survivors with food, water, and shelter.” They further pointed out that other countries that suffered similar destruction from hurricanes or other natural disasters were granted TPS, such as: Honduran and Nicaraguan citizens, after Hurricane Mitch in 1999; Salvadorans, after the earthquake in 2001; and to Haitian nationals after the earthquake in 2010. In the Senators’ view, “the situation in the Philippines meets the statutory requirements for granting TPS as the law was applied to these other countries.” The Senators requested that Secretary Kerry “give equal consideration to the Philippines and support the granting of TPS.”
Therefore, a formal request for TPS has been made by the Philippine government, and has been urged by numerous Senators to the DHS and DOS. Let us hope and pray that TPS is granted to Filipinos, just as it was for Hondurans, Nicaraguans, Salvadorans, and Haitians.
I want to emphasize that the Philippines has not yet been designated for TPS, so there is nothing to apply for now. However if the Philippines should receive TPS designation, and you believe you are eligible, I would advise that you seek the advice of an attorney, who can evaluate your situation, including your eligibility and handling the preparation and submission of your forms and application.
* * *
Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
WEBSITE: www.gurfinkel.com
Call Toll free to schedule a consultation for anywhere in the US:
(866)—GURFINKEL
Four offices to serve you: LOS ANGELES · SAN FRANCISCO · NEW YORK · PHILIPPINES
