Understanding the differences between daca and tps

When it comes to immigration in the United States, many people often find themselves confused about various programs and protections available. One common question is about the differences between daca and tps. Both programs serve important roles but cater to different groups of individuals. In this article, we will break down these differences, helping you understand which program might apply to you or someone you know.

What is DACA?

DACA, or Deferred Action for Childhood Arrivals, is a program that was established in 2012. It allows certain undocumented immigrants who came to the U.S. as children to receive a renewable two-year period of deferred action from deportation. This means that while DACA does not provide a path to permanent residency or citizenship, it does offer temporary relief from the threat of removal. So, if you’re wondering how DACA works, think of it as a protective umbrella for young people who have grown up in the U.S. but lack legal status.

Criminal Immigration Lawyer - Expert Help is Just a Click Away --> Contact us now! (212) 566-3572

What is TPS?

Temporary Protected Status (TPS) is a humanitarian program that provides temporary legal status to individuals from designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. Unlike DACA, TPS is not limited to children; it can apply to individuals of any age. If you’re from a country that has been designated for TPS, you can stay in the U.S. and work legally for a specific period, which is periodically reviewed and can be extended.

Key Differences Between DACA and TPS

Now that we’ve defined both programs, let’s dive into the key differences between daca and tps. Understanding these differences can help you determine which program may be relevant to your situation.

• Eligibility Criteria: DACA is specifically for individuals who arrived in the U.S. as children, while TPS is for individuals from designated countries facing crises.
• Duration of Protection: DACA offers a two-year renewable status, whereas TPS is granted for a specific period that can be extended based on the conditions in the home country.
• Path to Permanent Residency: DACA does not provide a direct path to citizenship, while TPS holders may have options to adjust their status depending on individual circumstances.
• Application Process: The application processes for DACA and TPS differ significantly, with DACA requiring specific documentation related to childhood arrival and TPS focusing on the conditions in the home country.

Eligibility Requirements

To qualify for daca, applicants must meet several criteria, including:

1. Must have arrived in the U.S. before the age of 16.
2. Must have lived continuously in the U.S. since June 15, 2007.
3. Must be currently in school, have graduated, or have been honorably discharged from the military.
4. Must not have been convicted of a felony or significant misdemeanor.

On the other hand, to qualify for tps, applicants must:

• Be a national of a country designated for TPS.
• Have been continuously physically present in the U.S. since the effective date of the TPS designation.
• Not have been convicted of a felony or certain misdemeanors.

Application Process

The application process for daca involves submitting Form I-821D, along with supporting documents that prove eligibility. This can include school records, medical records, and proof of residency. It’s essential to gather all necessary documentation to avoid delays.

For tps, applicants must file Form I-821, along with evidence of nationality and continuous presence in the U.S. The process can vary depending on the country of origin, so it’s crucial to stay updated on any specific requirements.

Renewal and Expiration

Both daca and tps require periodic renewal. DACA recipients must renew their status every two years, while TPS holders must re-register during the designated registration periods. It’s important to keep track of these timelines to maintain legal status in the U.S.

Failure to renew can lead to loss of status, which can be a daunting prospect. So, if you’re in either program, mark your calendar and set reminders!

Conclusion

Understanding the differences between daca and tps is crucial for anyone navigating the complexities of U.S. immigration. Whether you’re a potential applicant or someone seeking to help others, knowing the ins and outs of these programs can make a significant difference. If you or someone you know is considering applying for either program, I encourage you to seek legal help early. The immigration landscape can be tricky, and having the right guidance can make all the difference in your journey.

Related Articles

• The Importance of Immigration Lawyers,
• How to Apply for DACA: A Step-by-Step Guide,
• Understanding Immigration Status: A Beginner’s Guide,
• What to Do If Your TPS is Expiring,
• Common Myths About DACA and TPS,
• How to Prepare for Your Immigration Interview,
• Understanding the Immigration Court Process,
• Pathways to Citizenship: What You Need to Know,
• How to Gather Evidence for Your Immigration Case,
• Resources for Immigrants: Where to Find Help,