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Daily Philippines TPS Update

A source for daily, reliable updates regarding a possible TPS designation for the Philippines from Immigration Attorney Jeff Khurgel, a former USCIS and Department of State Embassy Officer.
 

Temporary Protected Status (TPS) is a designation by the Department of Homeland Security (DHS) that due to significant adverse conditions in a country, the nationals of that country in the U.S. should be permitted to stay in the U.S. for a temporary period. Such individuals are provided work authorization and at times, travel authorization. As of the time of our most recent daily update below, there has not been a designation of the Philippines for TPS.

The DAILY PHILIPPINES TPS UPDATE, below, has been providing daily updates after December 22, 2013 as to whether TPS has been authorized. Our FAQs section, also below, addresses frequently asked questions with regards to TPS designations.


Daily Philippines TPS Update

Daily updates commenced on December 22, 2013, approximately one week after the Philippines officially requested the U.S. government issue a TPS designation. Update: as of March 10, our updates will change from daily to “if/when” any related information is released. For reliable information, check back here or like us on Facebook, as we will immediately post there upon the occurrence of any important developments.

Sunday, March 9 2014, 13:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, March 8 2014, 19:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, March 7 2014, 13:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, March 6 2014, 16:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, March 5 2014, 14:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, March 4 2014, 09:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, March 3 2014, 23:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, March 2 2014, 15:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, March 1 2014, 23:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, February 28 2014, 15:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, February 27 2014, 08:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, February 26 2014, 22:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, February 25 2014, 16:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, February 24 2014, 17:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, February 23 2014, 22:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, February 22 2014, 16:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, February 21 2014, 17:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, February 20 2014, 04:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, February 19 2014, 09:45 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, February 18 2014, 09:15 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, February 17 2014, 09:45 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, February 16 2014, 21:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, February 15 2014, 21:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, February 14 2014, 21:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, February 13 2014, 22:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, February 12 2014, 12:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, February 11 2014, 21:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, February 10 2014, 10:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, February 9 2014, 21:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, February 8 2014, 07:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, February 7 2014, 16:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, January 6 2014, 06:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, February 5 2014, 22:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, February 4 2014, 11:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, February 3 2014, 22:00 Pacific Standard Time

Department of State Officials met with Filipino American leaders representing the Migrant Heritage Commission, US Pinoys for Good Governance, FALDEF, US Medicare Philippines, and others, to discuss the justification and dire need for a grant of Temporary Protected Status (TPS) for the Philippines.  A State Department recommendation may influence the Department of Homeland Security in its deliberations as to whether to make a TPS designation. DHS has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, February 2 2014, 11:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, February 1 2014, 16:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, January 31 2014, 06:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, January 30 2014, 21:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, January 29 2014, 20:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, January 28 2014, 06:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, January 27 2014, 22:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, January 26 2014, 14:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, January 25 2014, 10:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, January 24 2014, 21:30 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, January 23 2014, 16:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, January 22 2014, 15:30 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, January 21 2014, 10:30 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, January 20 2014, 08:30 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, January 19 2014, 08:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, January 18 2014, 07:45 Pacific Standard Time  

A USCIS press release was issued, reminding Filipinos of certain relief measures already implemented benefitting Typhoon Haiyan victims. (We previously described the measures when they were announced, last November). The recent press release also indicates that USCIS has “proactively identified and is expediting” pending immediate relative I-130 petitions that have been filed by U.S. citizens for their Filipino immediate relatives. The press release does not make any mention of TPS.

Friday, January 17 2014, 13:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, January 16 2014, 16:30 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, January 15 2014, 06:15 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, January 14 2014, 18:00 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request. 

Monday, January 13 2014, 20:15 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, January 12 2014, 06:15 Pacific Standard Time 

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, January 11 2014, 22:45 Pacific Standard Time  

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, January 10 2014, 15:45 Pacific Standard Time 

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, January 9 2014, 06:00 Pacific Standard Time 

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, January 8 2014, 11:00 Pacific Standard Time 

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, January 7 2014, 19:45 Pacific Standard Time 

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, January 6 2014, 15:45 Pacific Standard Time 

USCIS, the agency within the Department of Homeland Security responsible for administering the TPS program, issued a letter to the American Immigration Lawyers Association (AILA), in response to AILA’s November 14, 2013 letter to USCIS urging a TPS designation for the Philippines. The USCIS letter recognizes that the authority to designate a country for TPS is based upon specific criteria outlined by the United States Congress in Section 244 of the Immigration and Nationality Act (INA), 8 U.S.C. Section 1254a, and is vested in the Secretary of Homeland Security, but the USCIS letter does not include mention of a response to the Philippines’ request.

The USCIS letter states that certain other relief measures for individuals affected by Typhoon Haiyan have already been implemented. The letter also reassures that the agency continues to monitor country conditions and evaluate them to determine whether a country could be designated for TPS under the appropriate statutory requirements, stating: “[we] continue to monitor the situation in the Philippines and are actively engaged with the Department of State and other agencies.”

Sunday, January 5 2014, 15:45 Pacific Standard Time 

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request. 

Saturday, January 4 2014, 11:30 Pacific Standard Time 

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, January 3 2014, 08:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, January 2 2014, 08:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, January 1 2014, 11:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, December 31 2013, 06:00 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, December 30 2013, 15:45 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, December 29 2013, 10:45 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Saturday, December 28 2013, 07:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Friday, December 27 2013, 07:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Thursday, December 26 2013, 11:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Wednesday, December 25 2013, 07:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Tuesday, December 24 2013, 07:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, December 23 2013, 07:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Sunday, December 22 2013, 09:30 Pacific Standard Time

The Department of Homeland Security has yet to issue a decision in response to the Philippines’ official TPS request.

Monday, December 16 2013, 09:00 Pacific Standard Time

In an official announcement from the Philippines Department of Foreign Affairs, the government of the Philippines formally requested that the U.S. government grant Temporary Protected Status (TPS) to Filipinos in the United States. The Philippines’ request was officially conveyed by Philippine Ambassador to the United States, Jose L. Cuisia, Jr. to the Department of Homeland Security (DHS) through a Note Verbale sent to the Department of State. Based on this request, DHS has the power to grant Filipinos the ability to live and work in the U.S.  DHS will take the coming days and weeks to consider the request.

Monday, November 18 2013 -- Friday, December 13 2013

Requests for TPS to U.S. authorities mount.  More than 200 Filipino-American organizations across the US, backed by members of the US Senate and House of Representatives, the Catholic Church and other NGOs, submit requests to DHS  for the designation permitting them the additional immigration relief measures that a grant of TPS provides.  Philippine Consulates General in New York, Chicago, San Francisco, Los Angeles, Agana and Honolulu reportedly consult extensively with Filipino community leaders in their respective jurisdictions regarding the impact of Haiyan and the effects of TPS.  The diplomats reportedly conferred with Ambassador Cuisia in Washington during an annual Department of Foreign Affairs conference in early December 2013 regarding the submission of an official request for TPS.

Friday, November 15 2013, 18:00 Pacific Standard Time

Special relief measures for Filipinos affected by Typhoon Haiyan were announced by DHS.  We examined the measures in an article, and explained the process by which a designation can come about.

Wednesday, November 13 2013, 10:00 Pacific Standard Time  

The Directors of the Migrant Heritage Commission (a Filipino-American community organization based in the Washington DC area) submitted a letter to President Obama, requesting that the U.S. government grant Temporary Protected Status to qualifying Filipinos living in the U.S. Also on this day, Khurgel Immigration Law Firm released an article explaining humanitarian parole and reinstatement.  

Monday, November 11, 2013 21:00 Pacific Standard Time

According the Philippines Department of Foreign Affairs, Ambassador Cuisia commences discussion with the Departments of Homeland Security and State regarding TPS designation.

Friday, November 8, 2013 22:00 Pacific Standard Time

Typhoon Haiyan makes landfall in the Philippines, affecting millions. Relief efforts begin as debris is cleared from access roads and airports begin to re-open. The death toll is estimated to be in the thousands while the number of people displaced by the massive storm rises into the hundreds of thousands. The long term impact of the storm is still unknown. The devastating environmental calamity makes the Philippines a well-suited candidate for TPS designation.

Frequently Asked Questions Relating to Possible TPS Designation

What is Temporary Protected Status (TPS)?

Granted under section 244 of the Immigration and Nationality Act (INA), Temporary Protected Status (TPS) is a designation granted by DHS permitting individuals from a country, or portion of a country, the ability to remain in the U.S. temporarily while significant adverse conditions in their home country, such as natural calamity or armed conflict, would not permit safe return.

What is the Process for the U.S. Government to Approve Temporary Protected Status (TPS)?

Granting TPS designation is a decision that rests with the executive branch of the U.S. government.  While members of Congress may lobby the President or DHS to designate the Philippines–which they have–TPS is not voted on or approved in Congress.  The final decision rests with the executive, including DHS. The process is typically started by the Philippines government making the request through diplomatic channels. To start the process the Philippine government should make the request of the U.S. government through its diplomatic channels. (Update: The DFA did this on 12/16/13, see update above). After the official request is made by the Philippines government, the Secretary of Homeland Security will consult with appropriate agencies such as the Department of State, in deciding whether to grant the request. Only after the designation is published in the Federal Register does it become effective.

What are the Benefits of TPS?

Once a country receives a TPS designation, nationals of that country residing in the U.S. receive a temporary, humanitarian form of relief from deportation that does not include the granting of permanent residence. An individual who qualifies for TPS can be granted work authorization, and a social security card. Once approved for TPS, an individual cannot be detained or deported from the U.S. due to lacking a valid immigration status, unless the individual becomes ineligible or the country loses its TPS designation. The initial TPS designation lasts for a period of 6 to 18 months and can be extended if conditions continue to support the designation.

While travel on TPS is sometimes permitted, departing to the U.S. after filing for TPS should be thought through very carefully. If an advance parole document is not obtained first, or if unlawful presence would prevent re-entry, travel is not advisable.

If the Philippines is Approved for TPS, Would I Qualify?

Establishing eligibility is not as simple as showing that one is a national from a TPS designated country.  The following factors need to be evaluated.

To be initially eligible for TPS, an individual must:

  • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
  • Qualify under any potential country-specific TPS parameters;
  • Register for TPS status during the initial registration period;
  • Demonstrate continuous physical presence in the U.S. since the effective date of the designation; and
  • Demonstrate continuous residence in the U.S. since the date specified in the designation.

An individual may be ineligible for TPS if any of the following apply:

  • Convicted of any felony or two or more misdemeanors committed in the U.S.;
  • Subject to certain deportability grounds;
  • Found to be inadmissible to the U.S. based on grounds listed in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Failure to re-register for TPS or maintain continuous or physical presence in the U.S.; or
  • Subject to any of the mandatory bars to asylum.  

How Would TPS Affect my Other Immigration Case?

Registration for TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other nonimmigrant status. A grant of TPS does not, however, prevent a qualifying applicant from applying for any benefit for which he or she might be eligible. Namely, TPS does not prevent an applicant from filing for asylum, adjustment of status based on a family or employment petition, or extension or change of nonimmigrant status. It follows that if a TPS registrant already holds a valid nonimmigrant status (such as an F-1 student or H-1B worker), their status is not adversely affected by submission of a legitimate TPS registration request.

Seeking Further Information or Assistance

Our law office has received dozens of calls in recent weeks regarding TPS for the Philippines. While certain immigration relief measures have been announced in the aftermath of the typhoon catastrophe, it is important to note that TPS has not been approved as of the time of this writing. (For most recent daily update, see the top of this page). If the TPS designation is to be granted, individuals considering applying should exercise caution.  As in past TPS designation periods, unauthorized immigration consultants and notaries will try to take advantage of the situation by claiming their expertise in evaluating TPS cases and preparing related forms. Any individual that requires assistance in evaluating their evidence of eligibility or preparing their case should seek legitimate, accurate legal advice and assistance from a licensed immigration attorney in the U.S.

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