TPS and work authorization for Filipinos affected by Typhoon Yolanda?

Temporary Protected Status (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 could receive temporary relief from deportation/removal, work authorization, and possible authorization to travel to their home country.

There is much discussion about having the Philippines designated for TPS. Many members of Congress, dozens of organizations, and others have been urging President Obama and the Department of Homeland Security to grant TPS status for eligible Filipinos in the US. However, at the present time, the Philippines has not yet been designated for TPS. Therefore, there is nothing for you to apply for at this time. But you should monitor developments closely, as this could be a tremendous benefit to Filipinos in the US and to the Philippines.

Some features or highlights of TPS are:

• Typically, to start the TPS process, the Philippine government should make the request to the US government. In this regard, I called the Philippine Embassy in Washington DC, asking if that request has been made. I was advised that it is “under consideration.”  However the focus of the Philippine government at this time is providing direct relief to the victims of Typhoon Yolanda. I pointed out that if the TPS designation is requested and granted, and Filipinos in the US can get work authorization, they would be able to earn and send more money back home, which would certainly help in the relief effort. In addition, if they could travel back to the Philippines with their Balikbayan boxes filled with pasalubong, that would also help in the relief effort. The Philippine embassy promised to keep me posted on developments.

• Once TPS is granted, a person cannot be removeddeporteddetained by DHS on the basis of his or her immigration status in the US.

• To be eligible for TPS status the person,

– Must be a national/citizen of a country designated for TPS

– Must register for TPS status during the initial registration period. (As noted above, the Philippines has not yet been designated for TPS, so there’s nothing to register for now.

– Must demonstrate that he or she has been “continuously physically present” in the US since the effective date of the TPS designation. So, make sure you save documentation demonstrating that you have been in the US.

– Must not have been convicted of any felonies or two or more misdemeanors, and is not “inadmissible” on certain other immigration grounds.

• While TPS itself does not lead to lawful permanent resident status, a person can also apply for adjustment of status or other immigration benefit, if eligible for that benefit.

Once again, 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 would request and 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 if you are eligible, and handle the preparation and submission of the forms and application.

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