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¿Qué es el Estatus de Protección Temporal (TPS)?
Denice Flores • December 7, 2023
Click here to read this article in English
El Departamento de Seguridad Nacional de EE.UU. puede permitir que los extranjeros soliciten el Estatus de Protección Temporal o TPS, si el país extranjero se enfrenta a condiciones que impiden temporalmente que los nacionales del país regresen de forma segura o si el país es incapaz de manejar el regreso de sus nacionales. Las condiciones del país que desencadenan esto son un conflicto armado en curso, como una guerra, un desastre medioambiental o una epidemia, y otras condiciones extraordinarias y temporales.
Si el Departamento de Seguridad Nacional de EE.UU. designa a un país extranjero para el estatus de protección temporal, el Servicio de Ciudadanía e Inmigración de EE.UU. permite a los ciudadanos extranjeros elegibles del país, que se encuentren en Estados Unidos, solicitar y obtener el TPS.
¿Para qué sirve el TPS? Un extranjero al que se le conceda el TPS no es removible, lo que significa que el individuo no puede ser expulsado o deportado al país extranjero. El extranjero tampoco puede ser detenido por los funcionarios de inmigración de EE.UU. sobre la base de su estatus migratorio en los Estados Unidos. El extranjero puede obtener una autorización de empleo (permiso de trabajo) para trabajar legalmente en Estados Unidos, y también un permiso de viaje para viajar al extranjero, durante el tiempo que tenga el TPS.
Es importante señalar, sin embargo, que el TPS es un beneficio temporal para los extranjeros. Esto significa que el TPS no llevará a un extranjero a obtener la residencia permanente legal o una tarjeta verde, la ciudadanía estadounidense o cualquier otro estatus migratorio. Sin embargo, si al extranjero se le concede el TPS, aún puede solicitar otras ayudas de inmigración. El TPS no descalifica a un extranjero para solicitar otras formas de alivio migratorio.
Actualmente, el Departamento de Seguridad Nacional de EE.UU. ha designado a los siguientes países para el TPS: Afganistán, Birmania, Camerún, El Salvador, Etiopía, Haití, Honduras, Nepal, Nicaragua, Somalia, Sudán del Sur, Sudán, Siria, Ucrania, Venezuela y Yemen.
Si usted tiene alguna pregunta sobre si usted califica para el TPS, por favor programe una consulta con uno de nuestros abogados con experiencia y estaremos más que encantados de ayudarle.
Este blog no pretende ser un consejo legal y nada aquí debe interpretarse como el establecimiento de una relación abogado-cliente. Por favor, programe una consulta con un abogado de inmigración antes de actuar sobre cualquier información leída aquí.
Denice Flores
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On January 28, 2025, Secretary of Homeland Security Kristi Noem vacated the January 10, 2025, decision by former Secretary Alejandro Mayorkas that had extended the 2023 designation of Temporary Protected Status (TPS) for Venezuela and ordered that his January 17, 2025, notice re-designating Venezuela TPS be vacated. This action has understandably caused confusion and concern among Venezuelan TPS beneficiaries and those with pending applications. It is critical to clarify that this does not mean that the TPS program for Venezuela has been eliminated . Instead, the Department of Homeland Security (DHS) must now reconsider whether to re-designate (extend) or terminate the previous Venezuela TPS designations from 2021 and 2023. What Does the Vacatur Mean? Because the January 17, 2025, TPS extension was vacated, the most recent valid TPS designation for Venezuela remains the October 3, 2023, designation . The vacatur does not immediately affect TPS protections for individuals covered under the prior designations. However, DHS must make key decisions in the coming months: By February 1, 2025 , DHS must decide whether to extend or terminate the October 3, 2023, designation . By July 12, 2025 , DHS must decide whether to extend or terminate the March 9, 2021, designation . If the Secretary does not make a timely determination (for example, if the Secretary were not to make determination by February 1, 2025 whether to extend or terminate the 2023 Venezuela TPS designation), then the statute provides for an automatic extension of the designation for an additional period of 6 months . INA 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Until these decisions are made, TPS remains in effect under the previous designations , and those who have already been granted TPS are not immediately impacted. Who Is Affected and What Should You Do? Current TPS Holders If you were already granted TPS under the March 9, 2021, or October 3, 2023, designations, your status remains valid. You must continue to comply with all re-registration requirements to maintain your protection and work authorization. Re-registration period: TPS beneficiaries under the 2021 and 2023 designations must re-register between January 17, 2025, and September 10, 2025 , to maintain their legal status and work authorization. Individuals with Pending TPS Applications as of January 17, 2025 If you applied for TPS before January 17, 2025 , under a previous designation, your application will continue to be processed . If your application is approved, your TPS protection will remain valid at least until April 2, 2025 . There is no need to reapply. Individuals Who Applied for TPS Between January 10, 2025, and January 28, 2025 If you applied for TPS during this period, USCIS will cease processing your applications and issue refunds of any fees paid in association with those applications . Additionally, USCIS will invalidate EADs; Forms 1-797, Notice of Action (Approval Notice); and Forms 1-94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the January 17, 2025 Mayorkas Notice. What Happens Next? Given the Biden administration’s prior support for TPS, many expect DHS to extend or re-designate Venezuela for TPS rather than terminate it . However, no final decision has been made , and Venezuelan nationals with TPS or pending applications should continue to follow updates closely. What Should You Do Now? If you currently hold TPS , continue to comply with all TPS renewal requirements and remain aware of DHS’s upcoming decisions. If you have a pending application , check USCIS updates regularly and consult with an immigration attorney for the latest guidance. If you applied between January 17, 2025, and January 28, 2025 , seek legal counsel to understand how the vacatur may affect your application. Stay Informed and Get Legal Guidance Our immigration firm is closely following these developments and will provide updates as soon as DHS makes its decision. If you have questions about your TPS status or how this memo affects your case, contact our office today for a consultation. For more information, refer to the official DHS notice on the vacatur: Vacatur of 2025 Temporary Protected Status Decision for Venezuela .
The U.S. Department of Homeland Security (DHS) announced the designation of Lebanon for Temporary Protected Status (TPS), allowing eligible Lebanese nationals in the United States to stay and work temporarily due to unsafe conditions in their home country. The decision, published in the Federal Register, is based on the ongoing humanitarian crisis in Lebanon, which includes economic instability, widespread violence, and the aftermath of the devastating 2020 Beirut port explosion. The TPS designation for Lebanon is effective December 2023 and will last for 18 months. Lebanese nationals who have been residing in the U.S. since August 1, 2023, may apply for TPS, as long as they meet the eligibility requirements. Lebanese nationals who are granted TPS will be allowed to stay in the U.S. legally, work, and obtain travel authorization during the designated period. This measure is in line with the Biden administration's efforts to assist individuals from countries facing dire conditions. Applicants are advised to apply as soon as possible and to submit the necessary documentation to receive TPS status and related benefits. This designation underscores the U.S. government's support for Lebanese nationals affected by the difficult situation in Lebanon. If you have any questions or would like to know more about the eligibility requirements, contact our office to schedule a consultation with one of our experienced attorneys.
All people living in the United States, regardless of immigration status, have certain U.S. constitutional rights. If Immigration and Customs Enforcement (ICE) officers come to your workplace, they must have either (1) a valid search warrant, or (2) consent from your employer to enter non-public areas. Non-public areas could include: staff break rooms, server rooms, mechanical rooms, HR department offices, private meeting rooms, etc. However, ICE can enter public areas of your workplace (lobby, reception area, parking lot etc.) without a warrant or consent from your employer. If you encounter ICE at your place of employment, it is important to stay calm . If an officer stops you, you may ask if you are free to leave. If they say yes, walk away calmly. If they say no, stay where you are and do not attempt to leave. You have the right to remain silent. You do not have to speak to ICE, answer any questions, or show any documents . If asked about your place of birth, how you entered the United States, or your immigration status, you may refuse to answer or remain silent. If you choose to remain silent, say it out loud: “I choose to remain silent.” If officers ask you to stand in a group based on your immigration status, you do not have to move. Be prepared to assert your rights by downloading, printing, and carrying a "red card" (available at https://www.ilrc.org/red-cards-tarjetas-rojas ) that states you do not wish to speak, answer questions, or sign documents. You are not required to show immigration documents . You may refuse to show identity documents that reveal your nationality or citizenship. However, never show false documents or provide false information. If you are detained or taken into custody, you have the right to contact a lawyer immediately . Even if you do not have a lawyer, you can tell immigration officers, “I want to speak to a lawyer.” If you have a lawyer, you have the right to speak to them and, if possible, provide proof of this relationship (such as a signed Form G-28) to an officer. If you do not have a lawyer, ask for a list of pro bono (free) or l ow bono (low-cost) lawyers. You do not have to sign anything without first speaking to a lawyer. If you choose to sign any documents, make sure you fully understand what they mean, as signing may waive your rights or lead to deportation. If you believe your rights have been violated , write down what happened. Be sure to include specific details such as names, badge numbers, and exactly what was said and done. Report the violation to a lawyer or an immigrant rights organization as soon as possible. If you or someone you know may be impacted by this executive order, staying informed and understanding your rights is crucial. At Santos Lloyd Law Firm, P.C., our trusted immigration attorneys are available to provide guidance and support during this uncertain time. Please contact us if you need assistance.
If you’ve recently received the exciting news that your O-1 visa has been approved, congratulations! The O-1 is a prestigious visa, granted only to individuals who can demonstrate extraordinary ability in their field — whether it’s O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics, or O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Getting O-1 approval is no small feat, and it’s a true validation of your talent and hard work. But for many O-1 visa holders, that approval brings up the next big question — what’s the path to securing a green card? For those aiming to remain in the United States permanently, the EB-1A visa is often the natural next step. It’s also known as the green card for individuals of extraordinary ability, which makes it a close cousin to the O-1. Obtaining U.S. permanent residency through EB-1A involves two steps: 1) securing approval of the EB-1A immigration petition (Form 1-40) and 2) adjusting status to that of permanent resident or seeking consular processing. However, while these two categories share similarities, they are not identical. The EB-1A standard is significantly higher, and many O-1 holders underestimate just how much more evidence they need to present to qualify for permanent residency. The good news is, if you’re proactive and strategic about building your case, you can significantly improve your chances of success. Understanding the Difference Between O-1 and EB-1A Both the O-1 and EB-1A visas focus on individuals with extraordinary ability, but they serve different purposes. The O-1 is a temporary work visa that allows you to come to the U.S. to work on specific projects or for a particular employer. It requires a U.S. sponsor to file the petition on your behalf. The EB-1A, by contrast, is an immigrant visa — it is the first step toward obtaining permanent residency. Because the EB-1A leads to permanent residency, its eligibility standards are even higher. You must not only demonstrate extraordinary ability but also show that your recognition is sustained over time and that your work has had a lasting impact on your field. What Can You Reuse From Your O-1 Case? If you put together a strong O-1 petition, some of the evidence you submitted will still be valuable for EB-1A. This includes your awards, media coverage, expert letters, and proof of memberships in prestigious organizations. But the EB-1A demands more — you need to go beyond showing what you’ve accomplished and prove that your influence is ongoing, impactful, and recognized at a national or international level. How to Strengthen Your Case While on O-1 One of the smartest moves you can make is to use your time on the O-1 visa to actively strengthen your EB-1A profile. This means seeking out opportunities to get your work featured in top-tier media, publishing more original contributions, judging competitions, and taking leadership roles in your professional community. Every action you take to enhance your visibility and influence. Final Thoughts — The Path from O-1 to EB-1A is Achievable You may not be able to file your EB-1A today, but we can help you build your case step by step. Whether you need guidance on strengthening your profile, identifying the right evidence, or preparing a strategic filing plan, our team is here to support you. If you’re currently on an O-1 visa and you believe you may be eligible for an EB-1A visa in the future, we encourage you to contact our office. Our experienced attorneys have helped countless individuals successfully navigate this path, and we would be happy to review your case and create a personalized roadmap for your green card journey.
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