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ILCM Fact Sheet: Minnesota Cannabis Law

This fact sheet is current as of December 12, 2023. It is not legal advice.  

Printable PDF version of this fact sheet

ILCM Hoja Informativa – La Ley del Cannabis

Background  

This year, Minnesota passed a law to legalize the use and possession of marijuana for adults 21 and older.  As of August 1, this law is in effect.  

The law also requires the automatic expungement of certain low-level marijuana related convictions and arrests.   

This means that the court will seal those records and they will not be accessible to the public. Some government agencies like immigration will still be able to access those records though.   

Federal Law 

While Minnesota has legalized marijuana for adults 21 and older, marijuana is still illegal under federal law. This includes any type of marijuana (for example, the plant, edibles with marijuana, and THC drinks).   

  • Immigration law is federal law.    
  • That means that people who are not U.S. citizens should stay away from marijuana even if it is legal under state law because it can have a different impact on them including serious immigration consequences.   
  • They should not use, possess, grow, sell or have anything to do with marijuana.   
  • Otherwise, it could cause them to lose immigration status or not be able to get immigration status, leading to deportation.  
  • Even if someone has been approved for a visa or green card, problems from marijuana use could come up when filing other applications in the future. For this reason, it is not safe to use marijuana until you are a U.S. citizen even if you already have another legal status in the U.S.   
  • People who have a marijuana conviction or admit to using marijuana could also be denied entry into the United States if they leave the country and then try to come back.   

There are a few important things to know about marijuana if you are not a U.S. citizen:   

  • Do not use marijuana until you are a U.S. citizen.   
  • Don’t work in the marijuana industry or visit marijuana dispensaries.  
  • Many immigration applications require you to disclose your employment history.   
  • If you have a medical need and there is no good substitute for medical marijuana, talk to an immigration lawyer first.   
  • There is no federal exception for medical use.  
  • Never leave the house carrying marijuana, a medical marijuana card, paraphernalia (like a pipe), or accessories like marijuana T-shirts or stickers.  
  • For example, you could be stopped for something minor like a traffic stop and police could find marijuana and you could be in trouble.   
  • Another example is if you are driving near the border, you may have to submit to visual inspection of your vehicle.   
  • Don’t have photos or texts about you and marijuana on your phone, Facebook, or anywhere else.   
  • Snapchat and other apps that delete messages and images do not guarantee that your messages and photos are gone or hidden.   
  • Never discuss marijuana use or possession with any immigration or border official, unless you have expert legal advice that this is OK.  
  • If an official asks you about marijuana, say that you don’t want to talk to them and you want to speak to a lawyer. You have the right to remain silent.   

If you are a U.S. citizen, be mindful of using or possessing marijuana around friends or family members who are not U.S. citizens. Your actions could put them at risk.   

  • It is best to be careful of any actions that might associate your friend or family member with marijuana.  
  • For example, a U.S. citizen spouse or family member should not pay for marijuana with a joint bank account.   

Youth 

For people under 21, it is illegal under both state and federal law to use or possess marijuana.   

  • If people under 21 are caught with marijuana in Minnesota, they may receive a citation from police in addition to facing immigration consequences.   
  • For this reason, it is particularly important for youth who are not citizens to avoid marijuana.   

Delta-8 and Hemp Products  

Many stores now sell various compounds that are derived from the cannabis plant such as Delta-8 and other hemp products to people over 21. To be safe, it is best to also avoid these products. It can be confusing to know exactly what you are buying, and you may not know the contents unless you test the product.   

  • Federal law has very specific rules about what hemp products are legal.   
  • There is also changing federal law and regulations about these compounds.  
  • Additionally, there are state laws about hemp products. If you violate state law, you could be charged with a crime.   

Criminal Offenses 

Even with the new law, there are state criminal penalties related to marijuana and hemp products including things like:   

  • Possessing prohibited quantities of marijuana and hemp products  
  • Unlawfully selling marijuana and hemp products  
  • Selling or giving away marijuana and hemp products to anyone under 21  
  • Cultivating prohibited quantities of marijuana plants   
  • Driving under the influence of marijuana and hemp products or using these products while operating a motor vehicle  
  • Cities may also adopt ordinances to prohibit use of marijuana and hemp products in a public place  

Doing these things is illegal and could cause very serious problems with both immigration and the police.   

Marijuana Convictions and Expungements 

If you were previously convicted or arrested for a marijuana related offense in Minnesota, your records may be automatically expunged under the new law.   

  • The courts and Bureau of Criminal Apprehension are in the process of expunging certain records.  
  • You should request copies of your records as soon as possible before they are expunged as you may need them for future immigration applications.   
  • If possible, obtain certified copies of your records from the court.   

Immigration will still have access to records about these arrests and convictions. Expunged convictions are still considered convictions for immigration purposes.   

Some immigration applications ask you to disclose all arrests and convictions even if they have been expunged.  

You should not file an immigration application or travel outside of the United States if you have had any involvement with marijuana without first speaking with an immigration attorney.    

Conclusion 

There are harsh immigration penalties for marijuana-related activity, even if it is legal under state law. This includes using or possessing any type of marijuana (plant, edibles, and drinks).   

If you are not a U.S. citizen, do not use, possess, grow, or sell marijuana. Doing so could stop you from getting legal status or U.S. citizenship, result in the loss of your immigration status, or put you at risk of deportation.  It is also safest to avoid hemp products.  

If you have had any involvement with marijuana, you should consult with an immigration lawyer about your case before filing an immigration application or traveling outside of the country.   

Immigrant Law Center of Minnesota (ILCM) 

To receive immigration legal assistance, please call our client intake line our intake hours to schedule an appointment to speak to a legal staff member. We cannot give walk-in or drop-in appointments. 

Intake line: 1-800-223-1368 

  • Monday: 10 a.m. – 1 p.m. 
  • Tuesday: 1 p.m. – 4 p.m. 
  • Wednesday: 10 a.m. – 1 p.m. 
  • Thursday: 3 p.m. – 6 p.m. 

Asylum Under Attack: Call Congress Now!

Right now, U.S. asylum and humanitarian parole programs are at grave risk of being traded away in negotiations over supplemental funding. Proposals that seek to restrict asylum and humanitarian parole will create more border chaos, not less. And blocking vulnerable immigrants from seeking access to safety endangers their lives and the lives of their families.

Call your Senators. Call your Congressional Representative. Tell them not to compromise away U.S. legal protection for vulnerable immigrants. Tell them to vote against any compromise that limits asylum or humanitarian parole.

Asylum

U.S. asylum laws offer protection to people who were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group. Asylum seekers arriving at the border or who are physically present in the United States, regardless of how they got here, may apply for asylum.

Both U.S. and international law forbid refoulment, which means returning a person to the country where they are likely to face persecution. Proposed limits on asylum order return of asylum seekers to those countries.

Humanitarian Parole

Anti-immigrant proposals also target humanitarian parole. Humanitarian parole allowed some Afghans fleeing the Taliban and Ukrainians fleeing the Russian invasion of their country to enter the United States.

Humanitarian parole also allows temporary entry of some people who have family or other financial sponsors in the United States. People from a limited number of countries, including Cuba, Haiti, Nicaragua, and Venezuela, may apply for sponsored humanitarian parole. Humanitarian parole may also be granted to individuals for urgent humanitarian reasons, such as a medical emergency or urgent family situation.

This Is Not Border Security

Attacks on asylum and humanitarian parole masquerade as “border security” measures. In fact, they add nothing to border security and, instead, will increase border chaos.

The lives of vulnerable and persecuted people must not be reduced to bargaining chips in partisan deal-making.

Call your Senators. Call your Congressional Representative. Tell them not to compromise away U.S. legal protection for vulnerable immigrants. Tell them to vote against any compromise that limits asylum or humanitarian parole.

Driver’s Licenses for All Pointers

IMPORTANT TO NOTE

DRIVER’S LICENSES FOR ALL

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  • You can find general information about driver’s licenses, exam station locations, appointment scheduling, and resources in other languages at drive.mn.gov.
  • If you have more specific questions about Driver’s Licenses for All, please visit the Driver’s Licenses for All DVS webpage to see if your question is answered there.
  • If you previously had a driver’s license either in Minnesota or another state, please review this timeline chart to see what process you need to follow. It may be different from those who have never had a license before.
  • After you schedule an appointment, you can fill out the pre-application form up to 30 days before your scheduled appointment to help make your appointment go more quickly.
  • Some smaller testing stations might only have knowledge tests on paper; if you want to use a computer to take the test, you may need to go to a bigger testing station.
  • If you used a different name on a driver’s license or identification card in the past, you might be told to meet with an evaluator to figure out how to merge your records. You can find a list of evaluator locations at mn.gov. Evaluators accept walk-in appointments.
  • If you had a driver’s license in another state and have outstanding tickets or other issues with that license, that will affect your application in Minnesota. You may be required to contact the other state directly to clear your record. Minnesota’s Department of Vehicle Services cannot do that for you.
  • If you do not have a social security number, you need to check the box on the pre-application form that states, “I certify that I do not have a social security number.” Otherwise, DVS staff/Deputy Registrar employees might ask you if you have a social security number.
  • If you do not pass the knowledge test after three attempts, you will need to make an appointment at an exam station and pay a $10 fee for any further attempts.
  • DVS Staff/Deputy Registrar employees are required to check all documents for authenticity. DMV employees may closely examine your primary and secondary documents as part of the application process.

Fact Sheet: Temporary Protected Status for Cameroon

This fact sheet is current as of October 10, 2023.

On October 6, 2023, the Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Cameroon for Temporary Protected Status (TPS) for 18 months, from December 8, 2023, through June 7, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Cameroon that prevent individuals from safely returning. The corresponding Federal Register notice (FRN) provides information about how to register as a new or current beneficiary for TPS under Cameroon’s extension and redesignation.

What is temporary protected status (TPS)?

TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.

What does the extension of TPS for Cameroon mean?

If you have TPS under the Cameroon designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period. The re-registration period for existing beneficiaries runs from October 10, 2023, through December 9, 2023. The FRN provides further details.

What does the redesignation of TPS for Cameroon mean?

If you are a Cameroonian national and have never had TPS, you can now apply for the first time if you have lived in the United States continuously since October 5, 2023. You can apply for TPS during the registration period. You must also meet the eligibility requirements. The initial registration period for new applicants under the Cameroon TPS redesignation begins on October 10, 2023, and will remain in effect through June 7, 2025. The FRN provides further details.

How do I apply for TPS?

People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.

If you have TPS and are applying for an extension of your TPS under the Cameroon designation your re-registration period runs from October 10, 2023, through December 9, 2023.

If you do not have TPS and are applying for TPS under the Haiti designation for the first time, your registration period runs from October 10, 2023, through June 7, 2025.

More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN).

Is TPS status given automatically?

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas extended and redesignated Cameroon for TPS for an 18-month period, effective December 8, 2023, through June 7, 2025. That said, TPS status can be extended.

Does TPS Status provide a path to permanent residency?

No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.

Get Help

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.

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Fact Sheet: Temporary Protected Status for Venezuela

This fact sheet was updated on and is current as of October 3, 2023. It is not legal advice.

On September 20, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation for Temporary Protected Status (TPS) for Venezuela. For existing TPS holders, the extension begins March 11, 2024, and runs through September 10, 2025. For Venezuelans who have never had TPS, the redesignation begins on October 3, 2023, and runs through April 2, 2025. The corresponding Federal Register notice provides information about how to register for TPS as a new or current beneficiary under Venezuela’s extension and redesignation.

What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary immigration status granted by the Secretary of the Department of Homeland Security (DHS) to individuals who are unable to return home safely due civil war, natural disaster, or other conditions or circumstances preventing their return to their home country.

During the designated TPS period, TPS holders cannot be deported from the United States and cannot be detained by DHS on the basis of their immigration status. TPS holders are eligible for an employment authorization document (EAD) and for travel authorization.

What does the extension of TPS for Venezuela mean?

If you have TPS under the previous Venezuelan designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period from January 10, 2024, through March 10, 2024. You must also meet the eligibility requirements. The Federal Register notice (FRN) provides further details.

What does the redesignation of TPS for Venezuela mean?

If you are a Venezuelan national and have never had TPS, you can now apply for TPS for the first time if you have lived in the United States continuously since July 31, 2023. You can apply for TPS during the registration period. You must also meet the eligibility requirements. The initial registration period for new applicants under the Venezuelan TPS redesignation begins on October 3, 2023, and will remain in effect through April 2, 2025. The FRN provides further details.

How do I apply for TPS?

People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.

If you have TPS and are applying for an extension of your TPS under the Venezuelan designation your re-registration period runs from January 10, 2024, through March 10, 2024.

If you do not have TPS and are applying for TPS under the Venezuela designation for the first time, your registration period runs from October 3, 2023, through April 2, 2025.

More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN).

Is TPS status given automatically?

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.

Does TPS Status provide a path to permanent residency?

No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.

Get Help

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.

Printable PDF version

Fact Sheet: Temporary protected Status for Afghanistan

This fact sheet is current as of September 25, 2023. It is not legal advice.

On September 21, 2023, the Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Afghanistan for Temporary Protected Status (TPS) for 18 months, from Nov. 21, 2023, to May 20, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Afghanistan that prevent individuals from safely returning. The corresponding Federal Register notice provides information about how to register for TPS as a new or current beneficiary under Afghanistan’s extension and redesignation.

What is temporary protected status (TPS)?

TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.

What does the extension of TPS for Afghanistan mean?

If you have TPS under the Afghanistan designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period. The re-registration period for existing TPS holders is from September 25, 2023, through November 24, 2023.

What does the redesignation of TPS for Afghanistan mean?

If you are an Afghan national and have never had TPS, you can now apply for TPs for the first time if you have lived in the United States continuously since September 20, 2023. You can apply for TPS during the registration period. You must also meet the eligibility requirements. The initial registration period for new applicants for TPS for Afghanistan is from September 25, 2023, through May 20, 2025.

How do I apply for TPS?

People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.

If you have TPS and are applying for an extension of your TPS under the Afghanistan designation your re-registration period runs from September 25, 2023, through November 24, 2023.

If you do not have TPS and are applying for TPS under the Afghanistan designation for the first time, your registration period runs from September 25, 2023, through May 20, 2025.

More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN).

Is TPS status given automatically?

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating Afghanistan for TPS for an 18-month period, beginning on November 21, 2023, and ending on May 20, 2025. That said, TPS status can be extended.

I am from Afghanistan, and the police have given me tickets here. Can I apply for TPS?

Maybe. You need to show your tickets to an immigration lawyer before filing. A person with two misdemeanors or one felony cannot get TPS. A lawyer can tell you if the tickets will be a problem.

I am from Afghanistan, and I am in deportation proceedings. Can I apply for TPS to avoid deportation?

Yes. A person in removal proceedings can apply for TPS and, if approved, can request that the judge put the removal case on hold until TPS is approved, and then for the time it is in effect.

Does TPS Status provide a path to permanent residency?

No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.

May someone with a pending asylum application apply for TPS?

Yes. Applying for TPS, or being granted TPS, does not affect a pending asylum application. However, asylum applicants should consider their preferred strategy in the event that their asylum application is not granted by USCIS. Based on this, we strongly recommend obtaining an immigration lawyer to discuss this question with you.

If someone has TPS at the time their asylum application is denied, USCIS cannot refer their asylum case to an immigration judge where the applicant may present the asylum claim for reconsideration. Thus, if you have a weak asylum case that is unlikely to be granted by an immigration judge and have no other relief available, it may be best to proceed with applying for TPS. Those who have a strong case for asylum may prefer not to apply for TPS until after the affirmative asylum application has been denied. Again, it is important to obtain an immigration lawyer to discuss the merits of your asylum application.

Note that obtaining TPS status will “stop the clock” on the requirement to file for asylum within one year of arriving in the United States if the one-year clock has not already expired.

I arrived in the United States through “Operation Allies Welcome,” can I apply for TPS?

Maybe. You may be eligible for TPS but depending on your status you may not need to apply. We recommend talking to a licensed immigration attorney about your case.

Get Help

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.

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Decisión del tribunal Federal de Texas sobre DACA: Preguntas Frecuentes

Esta hoja informativa está actualizada desde el 13 de septiembre de 2023.    

English version of this fact sheet. 

El 13 de Septiembre del 2023, el juez Andrew Hanen, un juez tribunal del distrito federal en Texas, declaro que el programa de acción diferida para los jóvenes llegados en la infancia (DACA), viola la ley de inmigración de los EE.UU.  El tribunal no ordenó a la administración de Biden a cerrar el programa de DACA o dejar de procesar solicitudes de renovación.

¿No ha dictaminado antes el juez Hanen que el programa DACA era ilegal? ¿Por qué está decidiendo este tema nuevamente?

Si, el juez Hanen declaró DACA ilegal en julio del 2021. La razón por la que estaba decidiendo este tema nuevamente es un poco complicado.

El juez Hanen decidió por primera vez que el programa DACA era ilegal en Julio del 2021. Su decisión fue apelada al Tribunal de Apelaciones del Quinto Circuito. El tribunal de apelaciones decidió que la decisión del juez Hanen era correcta, pero un desarrollo muy importante que ocurrió entre la decisión del juez Hanen en Julio 2021 y la decisión del tribunal de apelaciones en octubre 2021.

Específicamente, en el verano del 2022, el Departamento de Seguridad Nacional (DHS) por primera vez emitió reglamento formal para el programa DACA. Estas regulaciones tomaron el lugar del memorando que estableció el programa DACA en 2012. El DHS argumentó que, al pasar por este proceso y formalizar el programa, había solucionado cualquier supuesto problema legal identificado por el juez tribunal del distrito. El tribunal de apelación declaró que el juez Hanen debería tener la primera oportunidad de decidir si las regulaciones, de hecho, solucionaron los supuestos problemas legales.

Esta es la razón por la que el juez Hanen tuvo que decidir una vez más si el programa DACA era ilegal.

¿Qué decidió el juez Hanen el 13 de septiembre del 2023?

El juez Hanen decidió que:

  • Los estados que impugnaron el programa DACA, tenían el derecho a hacerlo;
  • Las regulaciones no solucionaron los supuestos problemas legales con el programa DACA;
  • No había forma de mantener algunas partes del programa DACA y no otras.

El juez Hanen también estuvo de acuerdo en que, mientras el caso pasa por el proceso de apelación, el DHS puede seguir aceptando solicitudes de renovación de DACA.

¿Hay alguna posibilidad de que la decisión del tribunal pueda ser anulada?

Si. Lo más probable es que la administración Biden apele ante el Tribunal de Apelaciones del Quinto Circuito. En una decisión anterior, este tribunal de apelación estuvo de acuerdo con la decisión del juez Hanen de que DACA es ilegal, y hay una probabilidad de que puedan estar de acuerdo con la última decisión del juez Hanen. Independientemente de lo que decida el tribunal de apelación, lo más probable es que la parte perdedora apele el caso ante la Corte Suprema de los EE. UU.

Es probable que la Corte Suprema de los EE. UU. este de acuerdo en escuchar el caso debido a su importancia. Con suerte, la Corte Suprema de los EE. UU. Mantendrá el programa DACA en su lugar, como lo hizo en 2018. Sin embargo, dos de los jueces que votaron a favor de DACA ya no están en la corte, y uno de ellos (la jueza Ruth Bader Ginsburg) fue reemplazada por una jueza (la jueza Amy Coney Barret) que ha votado de manera muy diferente a la juez que ella reemplazó.

Para obtener la más reciente información de este caso, consulte www.ilcm.org y las redes sociales de ILCM.

Ya tengo DACA. ¿Como me afecta esta decisión?

De acuerdo con la decisión, los titulares de DACA todavía tienen estatus de DACA y pueden continuar renovando su estatus de DACA por ahora. Consulte con un abogado de inmigración sobre su situación particular.

Yo soy elegible para DACA, pero aún no he presentado mi solicitud inicial. ¿Como me afecta esta decisión?

Según la decisión Los Servicios de Ciudadanía e Inmigración de los EE. UU. (USCIS) todavía pueden aceptar solicitudes iniciales de DACA, pero USCIS no puede aprobarlas. Consulte con un abogado de inmigración calificado sobre su situación particular.

Yo soy elegible para DACA, y presenté mi solicitud inicial. ¿Como me afecta esta decisión?

Las solicitudes iniciales de DACA están en espera. No se aprobarán nuevas solicitudes de DACA por primera vez en este momento.

La decisión judicial impidió que USCIS aprobara cualquier nuevo caso de DACA. Esto significa que todas las personas que han presentado una solicitud inicial de DACA, (es decir, aquellas que nunca tuvieron DACA y están solicitando por primera vez) y no han recibido una aprobación de USCIS, tendrán su solicitud en espera. Esto se aplica a todos los casos iniciales que no fueron aprobados antes del 16 de Julio del 2021.

Tenía DACA, pero mi DACA expiró. ¿Como me afecta esta decisión?

Si presenta una solicitud de DACA más de un año desde que expiró su última subvención de DACA o después de que su subvención más reciente de DACA se terminara (en cualquier momento), su solicitud se considera una solicitud inicial, no una renovación, bajo la política de USCIS.

USCIS puede aceptar solicitudes iniciales de DACA, pero no puede aprobarlas mientras esta orden judicial permanezca en vigor. Se le emitirá un aviso de recibo y se aceptará su pago. Sin embargo, la solicitud no se procesará más, de conformidad con la orden judicial.

Consulte con un abogado de inmigración calificado sobre su situación particular

Tengo DACA y recibí la libertad condicional anticipada. ¿Cómo me afecta esta decisión?

Esta decisión no decide específicamente si la libertad condicional anticipada está disponible o no en este momento, pero el juez Hanen es muy escéptico sobre ciertas razones por las que se ha concedido la libertad condicional anticipada a los titulares de DACA.

Por favor, consulte con un abogado de inmigración calificado antes de decidir salir de los EE. UU.

¿A dónde puedo llamar si tengo DACA y quiero presentar una solicitud para renovar?

Por favor, llame a ILCM al 1-800-223-1368 durante nuestro horario de admisión para obtener ayuda.

  • Lunes de 10 a.m. a 1 p.m.
  • Martes de 1 a 4 p.m.
  • Miércoles de 10 a.m. a 1 p.m.
  • Jueves de 3 a 6 p.m.

¿Dónde puedo encontrar apoyo de salud mental?

United We Dream ha creado un kit de herramientas para apoyar la salud mental. Por favor visite esto sitio web para revisar sus recursos: Kit de herramientas de salud mental | United We Dream

Para obtener servicios de asesoramiento, puede ponerse en contacto con el Centro de Asesoramiento sin cita para servicios remotos gratuitos (por teléfono o en línea). Consulte su sitio web para obtener más información: https://walkin.org/counseling-services/locations-hours/. Si desea una cita en español, llame al 612-870-0565 x2

¿Dónde puedo obtener más actualizaciones sobre DACA?

Puede consultar nuestro sitio web en www.ilcm.org para obtener más actualizaciones de DACA.

 

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Fact Sheet: Temporary Protected Status for Sudan

Updated on and current as of September 8, 2023. This is not legal advice.

UPDATE: On September 8, 2023, the Department of Homeland Security (DHS) extended the re-registration period for Sudan until April 19, 2025.

On August 18, 2023, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Sudan for Temporary Protected Status (TPS) for 18 months. This extension and redesignation will be in effect from Oct. 20, 2023, through April 19, 2025. For additional information, please see the Federal Register notice.

What is temporary protected status (TPS)?

TPS is granted by the Secretary of the Department of Homeland Security (DHS) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their return to their home country.

During the designated TPS period, TPS holders are not removable from the United States and not detainable by DHS based on their immigration status. TPS holders are eligible for an employment authorization document (EAD), and eligible for travel authorization.

What does the extension of TPS for Sudan mean? UPDATED

If you have TPS under the Sudan designation, you can apply to extend your TPS. To receive the TPS extension, you must re-register for TPS by applying during the registration period. The re-registration period for existing beneficiaries runs until April 19, 2025. The Federal Register notice (FRN) provides further details. A new FRN for this re-registration extension will be published soon.

Recognizing that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires, U.S. Citizenship and Immigration Services (USCIS) is automatically extending EADs previously issued through October 19, 2024.

What does the redesignation of TPS for Sudan mean?

If you are a Sudan national and have never had TPS, you can now apply for TPS if you have lived in the United States continuously since August 16, 2023

Other eligibility criteria are detailed in the Federal Register notice. All individuals applying for TPS undergo security and background checks as part of determining eligibility. The Federal Register notice will explain the eligibility criteria applicants must meet and describe procedures necessary to submit an initial TPS application and apply for work authorization documentation.

Is TPS status given automatically?

No, TPS is not automatic. People must apply, pay a filing fee, and pass immigration screening. There are some facts that will make a person ineligible for TPS. For example, people with certain criminal convictions or who violated the human rights of others are not eligible for TPS. People who are inadmissible under certain sections of the law may have to file a waiver before they can be approved for TPS status. The application process can be complicated, and we recommend working with an immigration attorney.

How do I apply for TPS? UPDATED

People interested in TPS must file an application with U.S. Citizenship and Immigration Services and pay the filing fee. They may also apply for an EAD and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.

If you have TPS and are applying for an extension of your TPS under the Sudan designation your re-registration period runs from August 21, 2023, through April 19, 2025.

If you do not have TPS and are applying for TPS under the Sudan designation for the first time, your registration period runs from August 21, 2023, through April 19, 2025.

More details about the eligibility criteria to submit a TPS application and apply for an EAD can be found in the Federal Register notice (FRN). A new FRN for this re-registration extension will be published soon.

How long will eligible individuals have protection under TPS?

TPS is a temporary status. The Secretary of Homeland Security Alejandro N. Mayorkas is extending and redesignating Sudan for TPS for an 18-month period effective on October 20, 2023 and will remain in effect for eighteen months, through April 19, 2025. That said, TPS status can be extended.

I am from Sudan, and I currently have TPS under the 2022 designation. Should I apply for TPS under this redesignation?

No, you do not need to file a new TPS application under this redesignation, but you need to reregister during the reregistration period August 21, 2023 to April 19, 2025 to maintain your TPS.

I am from Sudan, and I currently have TPS under the 2013 designation. Should I apply for TPS under this redesignation?

Yes, you should consider filing an initial TPS application under this redesignation. If granted, you will retain TPS under this designation regardless of any potential end to the Ramos injunction. Talk to an immigration attorney to further discuss your specific situation.

I am from Sudan and do not have TPS. Can I apply?

Maybe. If you have continuously resided in the United States as of August 16, 2023, and you are otherwise eligible, you may register for TPS during the registration period for first-time applicants. Talk to an immigration attorney to further discuss your specific situation.

Does TPS Status provide a path to permanent residency?

No, TPS does not provide a path to lawful permanent resident status. However, some TPS holders may be independently eligible to adjust status through a family-based, employment-based, or other legal avenue. Please consult with an immigration lawyer regarding this issue.

Get Help

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.

 

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