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Refugees, Asylum and Temporary Protected Status
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Refuge, Asylum, Temporary Protected Status

The U.S. provides the opportunity to apply for a green card through refugee or asylum. Refugees and those seeking asylum must have experienced persecution (i.e. a serious threat to your life or freedom) in the past or have a well-founded fear of persecution in the future in their home country.

Economic hardship is not a basis for being granted refugee or asylum status.

Refugees

Quota: around 90,000 per year, 1/2 to Europeans (varies from year to year)

  • Must be physically outside the US
  • Must have a financial sponsor
  • Must show you have not permanently settled in another country
Asylum

Quota: None

  • Must be physically INSide the US
  • Must file an application within one year after arriving in the US beginning 4/1/97 (before April 1, 1997, deadline is 4/1/98 with certain exceptions)
Temporary Protected Status

Temporary Protected Status is granted to people from selected countries which the U.S. has recognized as currently in turmoil and therefore unsafe. Honduran and Nicaraguan citizens living in the U.S. were most recently added to the list of potential TPS recipients due to the terrible devastation wrought by Hurricane Mitch in 1998. See TPS Extension for Nicaraguans and Hondurans for an important update. Also see TPS Extension for Somalians.

Once an applicant has been granted TPS they will be allowed to work for the duration of the status plus any extensions to status they may receive.

TPS expiration: After TPS status has expired, the holder's status will revert to the immigration status held before the onset of TPS status, unless s/he managed to obtain another status while holding TPS status. These individuals must depart the US before the expiration of their TPS status.

NOTE: Temporary Protected Status does NOT lead to a green card.

Quota: None

Countries currently eligible for TPS:

Country Designation Date* Expiration Date
Burundi 11/9/1999 11/2/2004
El Salvador 3/9/2001 3/9/2005
Honduras 1/5/1999
(CR from 12/30/1998)
1/5/2005
Liberia   10/1/2004
Montserrat 8/28/1997
(CR from 8/22/1997)
8/27/2004
Nicaragua 1/5/1999
(CR from 12/30/1998)
1/5/2005
Somalia 9/16/1991 9/17/2004
Sudan 11/9/1999 11/2/2004

*The deadline to re-register for all of the above countries has passed. For more information please see the US Department of Citizenship and Immigration Services website.

 






Immigration Law Offices: Four Miami Locations To Serve You
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