The US President has authorized the Deferred Enforced Departure (DED) for Palestinian nationals in the US. This means that the State Department will defer the removal for 18 months of certain Palestinians who are present in the US on February 14, 2024, with the exceptions below.
Except for those: (1) who have voluntarily returned to the Palestinian territories after 2/14/2024
(2) who have not continuously resided in the United States since 2/14/2024;
(3) who are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
(4) who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet any of the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
(5) who are subject to extradition;
(6) whose presence in the US is not in the interest of the country or presents a danger to public safety; or
(7) whose presence in the US would have potentially serious adverse foreign policy consequences.
What is Deferred Enforced Departure?
Deferred Enforced Departure (DED) is a benefit that is based on the President’s foreign policy authority. It protects people from deportation for a specified time. Generally, DED beneficiaries may apply for a work permit and receive a stay of deportation. They may travel abroad and re-enter the US if they obtain an Advance Parole permission to travel from the USCIS. Always speak to your immigration attorney before you travel abroad to avoid any problems with the USCIS.
Does DED provide a way to get permanent residency?
While DED does not provide an immediate way for a person to apply for legal permanent residence or a green card in the US, it can be a helpful first step. DED recipients should work with an immigration lawyer on a long-term plan towards legal immigration status before their DED expiration date.
From DED to Green Card
Read on for some ways for DED recipients to obtain green cards and other immigration status:
One way could include moving into other non-immigrant employment visa status such as H-1b visas, O, R and L visas which allow you to work legally in the US for up to three years. While working with these visas, qualified applicants may apply for employment-based green card petitions.
In other instances, some DED applicants may be good candidates for asylum. After obtaining asylum, you may file for legal permanent residency or a green card if you do not have any disqualifying history or convictions.
In addition, some DED applicants may file for adjustment of status or marriage-based green cards through marriage to a US citizen. An experienced immigration attorney would be able to guide you through any necessary pre-filing steps and waivers.
Also keep in mind that you may qualify for other immigration benefits that may allow you to live in the US legally even without permanent residency.
What Happens to a Person with DED after the DED expiration date?
A person with DED returns to their original immigration status after the DED expiration date. In the case of Palestinian nationals, that would be after August 14, 2025, unless there is an extension.
As of the time of publication, there are four groups designated for DED:
- Liberian nationals (extended through June 30, 2026);
- Certain residents of Hong Kong (extended through February 5, 2025).
- Palestinian nationals (effective until August 14, 2025).
- Lebanese citizens and national (effective July 26, 2024)
Ask Your Lawyer
If you need assistance with your Deferred Enforced Departure (DED), remember to consult your immigration lawyer. Your attorney is a good starting point for preventing or solving immigration problems.
Finally, if you have any questions or need help, our law office is ready to help you find your best immigration solution.
Thank you for reading this article. To discuss your DED or to schedule an appointment with our immigration lawyer, Doreen Emenike, please call us at (626) 256-8500. www.emenikelaw.com
Read More: How to respond to a USCIS Request For Evidence (RFE)
Related reading: Employment Authorization for Liberians with Deferred Enforced Departure DED
Read More: Keeping Your Green Card After Marriage Fraud or Misrepresentation With a 237 (a)1)(H) waiver
