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Special Programs

There are three types of temporary programs:

Temporary Protected Status (TPS);
Deferred Action — of which the latest instituted Deferred Action for Childhood Arrivals (DACA) has made headlines over the last year or so;
Prosecutorial Discretion (PA).

The first two are administered by USCIS while the third one by USICE’s litigation department known as The Office of the Principal Legal Adviser (OPLA). The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS. On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.

Recent posting

Ukraine TPS Updates

How to extend Ukraine’s TPS designation? Ukrainians seeking temporary protection for the first time – find steps to follow in our article.

Temporary Protected Status (TPS)

Temporary Protected Status (TPS): benefits, rules for eligibility and maintaining TPS, process for filling for TPS, advice from experienced immigration attorney.

Automatic 180-Day EAD Extensions Temporarily Extended to 540 Days

540 days extension rule for Employment Authorization Documents (EAD) extension by USCIS expires on October 27, 2023.

Deferred Action Process for Victims of or Witnesses to Labor Rights Violations

The DHS announced a new deferred action policy for handling requests from aliens and noncitizens who are victims of, or witnesses to, labor violations.

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