Questions & Answers
Am I eligible for Temporary Protected Status?
Homeland Security may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent the country's nationals from returning safely. Anyone with TPS status may remain in the United States during the designated period of time and cannot be removed or detained for immigration purposes.
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. Check the current list of approved TPS countries and the information to apply.
What happens if ICE detains me but I have already started the U-Visa process?
If the applicant for U nonimmigrant status has received their "bona fide determination" notice, U.S. Citizenship and Immigration Services (USCIS) will also extend a deferred action. A "deferred action" is a discretionary decision by immigration authorities to temporarily delay removal proceedings (deportation) against an individual, essentially allowing them to remain in the United States for a specified period while their immigration status is being resolved.
If the applicant has not received a "bona fide determination" notice, they do not have the same protections granted under deferred action. There is a possibility that ICE may detain the individual and place them in removal proceedings.
How long will my bona fide determination EAD and grant of deferred action be valid for?
An initial bona fide determination Employment Authorization Document (EAD) and grant of deferred action will be valid for four years. The grant of deferred action will begin on the issuance date listed on your EAD. The bona fide determination process provides an EAD and grant of deferred action to petitioners who meet the criteria; neither is available independent of each other.
Can the bona fide determination EAD and grant of deferred action be renewed?
Generally, yes. If USCIS does not adjudicate a principal petitioner or qualifying family member’s petition for U nonimmigrant status before the four-year validity period of the EAD and deferred action ends, the alien may apply for renewal according to Form I-765 instructions. If granted, the alien would receive a bona fide determination EAD and grant of deferred action for another four-year validity period.
Can USCIS terminate a granted deferred action?
At any point during the validity period, USCIS has the right to revoke the bona fide determination EAD and terminate the grant of deferred action if USCIS determines that the bona fide determination EAD and deferred action are no longer warranted, or the prior bona fide determination EAD was issued in error. For example, USCIS may revoke the EAD and terminate the grant of deferred action if the individual engages in illegal activity, or the Form I-918 Supplement B law enforcement certification is withdrawn for not cooperating with law enforcement during the investigation of the underlying qualifying crime.
