UAO aims to serve as the African Community Resource Clearinghouse wherein constituents gather, access information, share experiences, exchange views, and coordinate organizational capacity development. UAO's hub of resources on this website is intended to assist community members in navigating services, programs and resources that are available to help them cope better in the United States.
The Immigration Act of 1990 first introduced the concept of Temporary Protected Status (TPS). TPS is granted to immigrants who are physically present in the United States and who are unable to safely return to their home country because of ongoing armed conflicts (such as civil war); environmental disasters (such as earthquakes, hurricanes, or epidemics); or other extraordinary and temporary conditions. Temporary protected status is rarely granted and only in extreme situations. The current situation in Nigeria, for example, does not seem to meet the threshold for Department of Homeland Security to grant TPS. The 2010 earthquake in Haiti, however, resulted in USCIS granting all Haitians in the United States TPS in 2011. Further, the recent situation in South Sudan also lead to TPS designation.
Beneficiaries of temporary protected status may remain in the United States and obtain work and travel authorization; however, TPS does not lead to permanent resident status—i.e. green card—and may be terminated at any time, thus reverting individuals back to their previous immigration status.
In order, to be eligible individuals must:
- Be a national of the designated country;
- File during open registration period;
- And have been continuously physically present (CPP) and have been continuously residing (CR) in the United States since the date specified for the designated country.
You may NOT be eligible for TPS or maintain your existing TPS if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States;
- Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
- Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
- Fail to meet the continuous physical presence and continuous residence in the United States requirements;
- Fail to meet initial or late initial TPS registration requirements; or
- If granted TPS, you fail to re-register for TPS, as required (typically every 18 months), without good cause.
Individuals from the following TPS countries are eligible for TPS designation as long as they meet these eligibility requirements:
- El Salvador
- South Sudan
The application process is as follows: (1) you must first file your petition; (2) USCIS will contact you upon receipt of your application; (3) you must then go to the Application Support Center; (4) USCIS will determine your work eligibility and adjudicate your application; (5) and finally, your application will either be approved or denied.
“Despite the acrimony and partisanship that now exists in Washington, almost all of us agree that a child who crossed our border illegally with a parent, or in search of a parent or a better life, was not making an adult choice to break our laws, and should be treated differently than adult law-breakers,” said Secretary Johnson. “By the renewal of DACA, we act in accord with our values and the code of this great Nation. But, the larger task of comprehensive immigration reform still lies ahead.”
The first DACA approvals will begin to expire in September 2014. To avoid a lapse in the period of deferral and employment authorization, individuals must file renewal requests before the expiration of their current period of DACA. USCIS encourages requestors to submit their renewal request approximately 120 days (four months) before their current period of deferred action expires.
DACA is a discretionary determination to defer removal action against an individual. Individuals in DACA will be able to remain in the United States and apply for employment authorization for a period of two years. Individuals who have not requested DACA previously, but meet the criteria established, may also request deferral for the first time. It is important to note that individuals who have not continuously resided in the United States since June 15, 2007, are ineligible for DACA.
Individuals may request DACA renewal if they continue to meet the initial criteria and these additional guidelines:
- Did not depart the United States on or after Aug. 15, 2012, without advance parole;
- Have continuously resided in the United States since they submitted their most recent DACA request that was approved; and
- Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
The renewal process begins by filing the new version of Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. There is a filing and biometrics (fingerprints and photo) fee associated with Form I-765 totaling $465. As with an initial request, USCIS will conduct a background check when processing DACA renewals.
USCIS will also host both national and local DACA informational sessions. USCIS will provide further information on these sessions during which USCIS officials will provide additional information on the DACA process and be available to answer your questions. For information on local DACA engagements, please visit www.uscis.gov/outreach.
To learn more about the renewal process or requesting initial consideration of DACA, visit www.uscis.gov/childhoodarrivals or call the USCIS National Customer Service Center at 1-800-375-5283.
Refugee Travel Documents for Asylum Applicants, Asylees and Lawful Permanent Residents who obtained their Status Based on Asylum
Form I-131, Application for Travel Document is used to apply for a Refugee Travel Document. But who needs a Refugee Travel Document?
An Asylum Applicant (an individual who has applied for asylum, but whose application is still pending) must first obtain advance parole before leaving the United States. If they leave the United States without first obtaining advance parole, they will be presumed to have abandoned their asylum application. The advance parole does not guarantee that the asylum applicant will be able to re-enter the United States; they will still have to be inspected by an immigration inspector at the border.
An Asylee (an individual who has been granted asylum) may not travel abroad without prior approval. This special authorization is given through a Refugee Travel Document which is issued to an asylee in order to re-enter to the United States. If you hold refugee or asylee status and are not a permanent resident yet, you must have a Refugee Travel Document in order to return to the United States. An asylee who does not obtain a Refugee Travel Document before leaving the country will be unable to re-enter to the United States and may be placed in removal proceedings. A Derivative Asylee (an individual who obtained status based on a family member having been granted asylum) should also obtain a Refugee Travel Document before traveling abroad. Like advance parole, the Refugee Travel Document does not guarantee re-entry into the United States; the asylee will still have to be inspected by an immigration inspector at the border.
A Lawful Permanent Resident (aka a green card holder) who obtained their status based on asylum may also travel abroad with a Refugee Travel Document. If they travel abroad without previously obtaining a Refugee Travel Document, they may also be unable re-enter the United States.
Traveling abroad for asylum applicants, asylees and even lawful permanent resident who obtained their status based on asylum is complex and can have serious consequences. If you have any questions regarding this matter or any other immigration related questions, please feel free to contact our staff attorney Sondra Furcajg at (312) 949-9980.
Chicago is home to fifth largest population of African immigrants in the United States; close to 4% of all immigrants in Chicago are African. Most African immigrants are of working age, more than half have bachelor’s degrees or higher and more than 90% speak English well or very well. Despite these advantages, many African struggle to find well-paying jobs and at least 18% of the population lives in poverty. Of the 21% of all Africans who work in service occupations, taxicab drivers are estimated to make up a significant proportion. 60% of taxicab drivers in Chicago are foreign born and 6% of taxicab drivers around the country are African. Read more →
You can talk to someone for free about your healthcare coverage options under the Affordable Care Act, aka, ObamaCare. UAO’s specially trained counselors will talk to you face-to-face or over the phone, and help you find and apply for the right coverage for you and your family.
Be sure to call ahead at 312-949-9980 to make sure we will be available to help you. Alternatively, complete the contact form below and someone will contact you within 24 hours. Read more →
The new healthcare law, called the Affordable Care Act or ObamaCare, may impact you and your family! Under this law, there will be a new way to buy health insurance, in the health insurance marketplace.
You can begin to apply to get health insurance on OCTOBER 1, 2013.
In the meantime, here are a few things you NEED to do:
A Community Resource Guide helping you to understand healthcare options for immigrants in Illinois – from ICIRR Read more →
Providing health insurance for employees can be a challenge for small businesses. Afordable Care Act (Obamacare) provides small business tax credits for providing health insurance for employees and the ability to shop for insurance in Exchanges. – from Healthcare.gov Read more →