In this guide we discuss what you need to know about Deferred Enforced Departure, a temporary protected status that prevents removal or deportation from the US. Read on to learn more about its benefits and how it can help you with your immigration plans.
1. What is Deferred Enforced Departure?
Deferred Enforced Departure (DED) is an immigration benefit that provides temporary protection from deportation or removal from the US for a specified period. The US president has the discretion to authorize, extend or terminate Deferred Enforced Departure to nationals of any country. DED is commonly provided to nationals of a specific country for an 18-month period.
Benefits of DED during the Designated Period
The first benefit of DED is that you may apply for a work permit or Employment Authorization Document (EAD) to work in the US legally.
Another benefit is that a DED beneficiary is protected from deportation or removal for the period of the DED.
Also, you may apply for permission to travel or Advance Parole (which allows you to re-enter the US after travel abroad) during the period of validity. This can be useful when applying for other immigration benefits. It is important to speak to your immigration attorney to ensure that your travel abroad will not affect your future immigration status.
Limitations of Deferred Enforced Departure
A limitation of DED is that after the DED designated period is over you are back in the immigration status you had before. If you were undocumented, you become undocumented again.
Generally, unless specifically provided by law, there is no straight path to US legal permanent residency or US citizenship simply because a person has DED.
As a result, people who have DED should speak to an immigration attorney to see if there are other avenues for them to get other legal immigration status including permanent residency or green cards.
2. How Do I Apply for DED?
You do not need to apply for DED if you meet the requirements. Generally, you may meet the requirements if:
You are residing in the US when the DED designation for your country is announced.
Are a national of or last habitually resided in the country receiving the DED protection.
In addition, you do not have disqualifying criminal convictions and are not a threat to public safety or national foreign policy.
Finally, you pass any necessary immigration screening.
3. How To Go from DED to Green Cards and other immigration status
Some people with DED may apply for green cards or other immigration status after careful planning with their immigration lawyer. Since DED is for a specified period, it is helpful to move into a longer-term immigration status, as a first step, where possible. This is because there is generally no straight path to permanent residency just because you have DED.
a) Apply for other protected status
Some DED beneficiaries may be suitable for other protected status such as asylum and Temporary Protected Status (TPS). After becoming an asylee, you may apply for your green card or permanent residency if you do not have any disqualifying background or criminal history.
b) Move into longer-term immigration status
Another option is to move into longer-term immigration status. Qualified DED beneficiaries may apply for non-immigrant work visas which allow you to work legally in the US for up to three years. These include H-1b, O-1, P, R and L visas.
DED beneficiaries who are initially approved for non-immigrant work visas must complete their visa processing at a US consulate overseas. Where appropriate, your attorney would assist you with any necessary inadmissibility waivers and how to prepare for a consular interview.
c) Apply for employment based green cards
Next, while you have a temporary non-immigrant work visa, if qualified, you may ask your employer to file an employment-based green card petition for you. Additionally, you may also apply for waivers for visa overstay and unlawful presence as necessary.
d) Marriage-Based Green Cards for DED recipients
Finally, some DED beneficiaries may apply for green cards based on their marriage to US citizens. In certain instances, their DED status may be helpful to their immigration lawyer in addressing possible illegal entry problems.
4. Get Help From Your Immigration Lawyer
In conclusion, get legal advice and help from your immigration lawyer about the right way forward with Deferred Enforced Departure and any long-term immigration plans. This way, you get the best immigration solution for you.
This general information guide is not intended to be a substitute for specific legal advice from your own lawyer.
Read More: Employment Authorization for Liberians with Deferred Enforced Departure DED
Thank you for reading this article. If you need have questions or need help, please call Attorney Doreen at our immigration law office at (626)256-8500. www.emenikelaw.com
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