TPS & DACA

Protection for Vulnerable Immigrant Communities

What is TPS & DACA?

TPS (Temporary Protected Status) and DACA (Deferred Action for Childhood Arrivals) provide humanitarian relief to individuals who meet specific criteria. While TPS protects people from countries experiencing crisis, DACA offers protection to those brought to the U.S. as children. Both programs allow work authorization and safeguard against deportation, though neither offers a direct path to permanent residency.

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TPS is a humanitarian status granted by DHS to eligible nationals (or stateless individuals) already in the U.S. whose home countries face extraordinary conditions such as armed conflict, environmental disaster, or other temporary crises. TPS protects beneficiaries from removal, allows them to legally work (via EAD), and enables travel authorization during the designation period. Designations typically last 6–18 months but may be extended and re-registered, though TPS does not lead directly to permanent residency or citizenship.

To apply, individuals must file Form I‑821 within the designated registration period and may concurrently file Form I‑765 for work authorization. Approval requires proof of nationality, continuous residence, and absence of disqualifying criminal or security records. 

Who is eligible for TPS?

Nationals (or stateless residents) of designated countries who were physically present in the U.S. and continuously residing since the date specified in the designation. Applicants must not have serious criminal convictions or be security threats.

Can unauthorized entrants apply?

Yes. TPS tolls periods of unlawful presence, allowing individuals who entered without inspection to apply, obtain status and work authorization while avoiding bars triggered by their prior status.

How long does TPS last and can it be renewed?

Initially granted for 6–18 months; DHS may extend designations. Applicants must re-register during each extension period. TPS can be renewed indefinitely until termination or redesignation ends protection.

Can TPS holders work or travel?

Yes. USCIS issues an EAD (Form I‑765). They may also apply for travel authorization (Advance Parole, Form I‑131) to travel and return lawfully subject to regulatory permissions. 

Does TPS lead to a green card?

No, TPS alone doesn’t grant permanent residency. Holders must pursue separate pathways (e.g., family sponsorship or employer petitions).

DACA provides temporary protection from removal and work authorization to individuals brought to the U.S. as children, meeting specific criteria (entry before age 16; continuous residence since June 15, 2007; under age 31 on June 15, 2012; education/military service; no significant criminal history). Grants are valid for two years with the ability to renew. Current recipients can continue to renew and work despite ongoing legal challenges, but initial applications are paused pending court orders. DACA does not provide permanent residency or citizenship but has enabled many “Dreamers” to pursue education, employment, and contribute economically.

Who qualifies for DACA?

Eligibility requires entry before age 16, continuous U.S. residence since June 15, 2007, under age 31 as of June 15, 2012, currently studying or having graduated, or military discharge, and a clean criminal record.

Can I renew DACA and my work permit?

Yes. DACA grants and EADs are renewable every two years. Existing recipients can renew and maintain work authorization, even while courts block new initial applications.

What happens to new applicants?

New DACA requests are being accepted but not adjudicated due to court action—USCIS is holding initial applications pending further legal developments.If you miss it without good cause, your conditional resident status expires, triggering potential removal proceedings. However, USCIS may accept late filings with a written explanation demonstrating extenuating circumstances.

Does DACA lead to a green card or citizenship?

No. DACA provides temporary legal status and work rights but does not create a direct path to permanent residency or citizenship. Recipients must pursue other legal avenues separately.

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Do you take cases from clients outside New York?

Yes. Immigration law is federal, which allows us to represent clients in all 50 states and even those living outside the United States, depending on the nature of the case.

Yes. We offer a free 30-minute virtual consultation via Google Meet. In-person consultations may include a fee. We encourage clients to bring or upload immigration documents for a more accurate assessment.

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