Asylum and Refugees

For those seeking a safe haven from persecution in their home countries, asylum can provide relief and protection. In order to qualify for asylum, a person must be unwilling or unable to return to his or her home country because of past persecution that person suffered, or a well-founded fear of future persecution. It is important to note that the persecution a person has or will suffer must be because of:

1. Race
2. Religion
3. Nationality
4. Membership in a particular social group, or
5. Political opinion

Asylum cases rely heavily on documentation to support a person’s claim of persecution or fear is because of one of the listed protected grounds. It is important to note that people with general fear of dangerous country conditions, or people who have been involved in private disputes should not apply for asylum. It is also important to note that immigration will review your case to determine if you could avoid persecution in your home country by simply moving to a different part of the country, and whether one’s own government might be able to protect you from harm.

If you think you might have a claim for asylum, please contact the attorneys at Kuck Immigration Partners. You will need to discuss your case in depth and in person with an attorney to determine if you have a solid case. When you meet with the attorney, you should bring any documentation you might have that supports your claim of fear. The attorneys at Kuck Immigration Partners have years of experience in handling a broad range of asylum cases from all parts of the world. You should feel confident in knowing that you will be getting the best advice possible on whether you might qualify for asylum.

Since 1990, the U.S. government has provided several countries with Temporary Protected Status (TPS). TPS is a temporary status granted to individuals from countries that are dealing with emergencies such as war or natural disasters. The idea behind TPS is that the return of the individual to his or her country would place that at danger or risk such that the U.S. government will provide the individual with a temporary way to remain safely in the U.S.

The U.S. government, the Department of Homeland Security specifically, has designated citizens of the following countries eligible for TPS, assuming they are otherwise eligible:

• El Salvador
• Haiti
• Honduras
• Nicaragua
• Somalia
• Sudan
• South Sudan
• Syria

If you are from one of the listed countries you may be eligible to apply for TPS, provided you also:

• Establish continuous physical presence in the US since the effective date of the TPS designation for your country
• Do not have certain criminal convictions
• Timely apply for TPS during the specified registration period
• Establish continuous residence in the US

Once TPS has been granted, an individual will be provided a work permit for the length of time TPS has been designated. Individuals who obtain the work permit can also apply for travel authorization in certain circumstances, and they could be allowed to travel outside the U.S. It is important to note that if you have obtained TPS, you MUST pay close attention to expiration dates and renewal periods since if you miss a renewal period, you may not be able to recover your TPS.

If you think you may qualify for TPS, please contact Kuck Immigration Partners at your earliest convenience to discuss your case with our experienced immigration attorneys.

What is TPS?

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. The Secretary may designate a country for TPS due to the following temporary conditions in the country: ongoing armed conflict, an environmental disaster (such as earthquake or hurricane), or an epidemic, or other extraordinary and temporary conditions.

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from: applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, applying for any other immigration benefit or protection for which you may be eligible.

What are the benefits of TPS?

Individuals who are TPS beneficiaries:

• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted travel authorization
• Cannot be detained on the basis of his or her immigration status in the United States.

Benefits of employment authorization include:

• Legally working by filing Form I-9 with an employer
• Obtaining a Social Security Number
• Obtaining a driver’s license and state identification

Who is eligible for TPS?

To be eligible for TPS, you must:

• • Be a national of a country designated for TPS

El Salvador	Somalia
Haiti	Sudan
Honduras	South Sudan
Syria	Nicaragua

• File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation
• Have been continuously physically present in the United States since the effective date of the most recent designation date of your country
• Have been continuously residing in the United States since the date specified for your country.The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States