One of the most common is: Does the asylum office act differently towards me if I have also applied for TPS or Deferred Deportation (DED)? The answer is both “no” and “yes”.
“No”, the asylum office does not process an asylum claim differently if the applicant had been granted DED or holds TPS. Eligibility for asylum is not adversely influenced where the asylum claimant has applied for, or had been granted, DED or TPS.
But the answer is “yes” when the asylum applicant is found ineligible for asylum. When asylum is not granted, the asylum office will act differently if the applicant holds DED from an applicant who holds TPS. If the TPS holder is likely ineligible for asylum, the office will issue a NOID (Notice on Intent of Deny) and this notification gives the TPS holder an opportunity to explain why he or she is eligible for asylum. If, after reviewing the response and deciding the applicant is ineligible for asylum, the office will deny the claim but will not refer the TPS holder to removal proceedings because the applicant remains in status until TPS expires. TPS is considered a form of status.
However, if the asylum applicant only has DED and the asylum office determines the person is ineligible for asylum, office will send the individual to removal proceedings because the person will be out of status. DED is not a status. To minimize removal from the United States, our recommendation is to file for TPS, even if the individual is a DED holder and has a pending asylum claim.
Also, work authorization based on asylum will terminate when the claim is denied. In that case, the individual is eligible to apply for work authorization based on DED or TPS. However, DED expires earlier than TPS and, when DED expires, it may be too late to apply for TPS. If work authorization is based on your asylum claim and your claim is denied, it is important to know that you may wait 3 to 5 months while a new work authorization application is processing.
Finally, TPS is an individual’s form of status. That means that each family member needs to file for TPS because the advantages discussed above attach only to the individual who is granted TPS.
We encourage all people who qualify for TPS to find the best advice from your attorney. He or she will have a better idea about what to do with individual case. Contact us for more information at [email protected] , schedule a consultation at www.iblf.com/contact or call us at 202 296 1111.
By Rosa Hernandez