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Important Family Immigration Updates: TPS, DACA, Work Permits & Legal Updates

TPS for Syria: What Current Beneficiaries Need to Know

If you currently hold Temporary Protected Status (TPS) for Syria, it is important to understand that your status and work authorization remain valid for now due to a federal court order that has paused the government’s attempt to terminate the program. This means that if your Employment Authorization Document (EAD) falls under the affected categories, it has been automatically extended through March 24, 2026. You may continue to live and work in the United States during this period without interruption. However, this protection is temporary and subject to change depending on future court decisions or government action. TPS holders should stay informed by regularly checking official USCIS updates and should consider consulting with an immigration attorney to understand their options and prepare for any potential changes to their status.

Important Update on Temporary Protected Status (TPS) for Burma

The U.S. Department of Homeland Security previously announced that Temporary Protected Status (TPS) for Burma would end on January 26, 2026. However, on January 23, 2026, a federal court issued an order temporarily delaying the termination while a legal challenge moves forward. As a result, certain work permits (Employment Authorization Documents, or EADs) issued under Burma’s TPS designation with expiration dates of November 25, 2025, May 25, 2024, or November 25, 2022 are currently extended under the court order. TPS beneficiaries should continue monitoring updates from USCIS, as the situation may change depending on the outcome of the case. If you currently have TPS or a work permit under the Burma designation and have questions about your status or future immigration options, consulting with an experienced immigration attorney can help you understand your next steps.

DHS Terminates TPS Designation for Yemen

The Department of Homeland Security (DHS) has published a Federal Register notice terminating Temporary Protected Status (TPS) for Yemen. Following a review of country conditions and consultation with appropriate federal agencies, DHS Secretary Kristi Noem determined that Yemen no longer meets the statutory requirements for TPS designation. Yemen’s TPS designation will officially terminate on May 4, 2026, which is 60 days after publication of the notice. Individuals who currently hold TPS under Yemen’s designation should carefully review their options, as employment authorization and protection from removal will end on that date. DHS has indicated that individuals may use the CBP Home mobile application to report voluntary departure upon termination of status.

DACA Renewal Reminder: File Early to Avoid Work Authorization Gaps

Delays in DACA and Employment Authorization Document (EAD) renewals are increasing, leaving many recipients at risk of employment interruptions. To avoid gaps in work authorization, USCIS recommends filing your DACA renewal 150–120 days (4–5 months) before your current approval and work permit expire. Filing too close to expiration—just 1–2 months prior—can result in unnecessary delays while your case is pending. Additionally, DACA remains subject to ongoing litigation in Texas, and while renewals continue to be processed at this time, future program changes remain uncertain. Our office will continue monitoring this case closely for relevant updates.

Key Tips for a Smooth Renewal:

  • File as soon as you are eligible (150 days before expiration)
  • Double-check forms, signatures, and fees for accuracy
  • Filing earlier than 150 days will not speed up processing

Our immigration team can guide you on timing and help ensure your renewal is filed correctly, helping you maintain continuous work authorization during this period of uncertainty.

DHS Proposes Changes to Work Permits to Reduce Backlogs and Meritless Applications

The Department of Homeland Security (DHS) has announced a proposed rule aimed at curbing fraudulent asylum claims by tightening eligibility for employment authorization based on pending asylum applications. The rule would increase the waiting period to apply for an asylum-based EAD from 150 days to 365 days, causing longer EAD processing times. Currently, more than 1.4 million affirmative asylum applications are pending, creating historic backlogs. The agency believes if implemented, these changes would streamline processing times, reduce fraudulent claims, and allow the asylum system to better prioritize individuals seeking refuge from genuine danger. The 60-day public comment period will close on April 24, 2026.

Habeas Corpus Explained: Challenging Unlawful or Prolonged Immigration Detention in Federal Court

Habeas corpus—meaning “you shall have the body”—is a long-standing legal safeguard that allows an individual to challenge unlawful detention before a federal judge. In the immigration context, a federal habeas corpus petition may be appropriate when a noncitizen is subjected to prolonged detention without a bond hearing, held under disputed mandatory detention provisions, or when constitutional due process concerns arise.

Unlike proceedings in immigration court, a habeas petition is filed in federal district court and focuses specifically on whether the government has lawful authority to continue the detention. If successful, a judge may order a bond hearing or other appropriate relief for release.

If your family member is experiencing extended or mandatory immigration detention, contact Monty & Ramirez LLP to evaluate whether federal court intervention may be warranted.

Understanding Public Charge: What Families Need to Know

U.S. immigration law requires certain applicants to show they are not likely to become a “public charge,” meaning primarily dependent on the government for financial support. This generally refers to receiving public cash assistance for income maintenance—such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or state and local General Assistance—or long-term institutional care paid for by the government. When reviewing a visa or green card application, immigration and consular officers look at the total picture, including age, health, family situation, financial resources, education, and any past or current use of public benefits.

For nonimmigrant visa holders, improper use of certain public benefits can lead to serious consequences, including visa revocation or difficulty obtaining future visas. Each case is reviewed individually, and even those seeking entry for medical treatment must show they can pay their expenses without government assistance. Because public charge issues can directly affect your immigration plans, it is important to speak with experienced immigration counsel before applying for benefits or filing an immigration application to ensure you are protecting your long-term status. For more on this policy visit: https://travel.state.gov/content/travel/en/News/visas-news/preventing-public-benefits-reliance.html  

An Important Reminder: Rely on Trusted Guidance During Immigration Policy Changes

With Temporary Protected Status (TPS) designations shifting and immigration policies evolving at a rapid pace, it is more important than ever for families to stay informed and rely on credible sources. Misinformation spreads quickly, particularly on social media, and acting on inaccurate guidance can have serious consequences for your immigration status. Always consult official government websites and, most importantly, speak directly with your immigration attorney before making decisions that affect your future. At Monty & Ramirez LLP, we closely monitor policy developments and provide tailored, strategic guidance to help families make informed decisions and plan proactively in an ever-changing immigration landscape.

April 2026 Visa Bulletin

Dates for Filing:

Family-

Sponsored

All Chargeability

Areas Except

Those Listed

CHINA-

mainland

born

INDIA MEXICO PHILIPPINES
F1 01MAR18 01MAR18 01MAR18 15APR08 22APR15
F2A C C C C C
F2B 08AUG17 08AUG17 08AUG17 15MAY10 01OCT13
F3 22NOV12 22NOV12 22NOV12 01JUL01 15JUL06
F4 15MAY09 15MAY09 15DEC06 30APR01 22MAR08

Protecting Your Family’s Future: Estate Planning for Immigrant Families

Immigration status is only one part of protecting your family’s future. Proper estate planning—including wills, trusts, guardianship designations, and powers of attorney—ensures your loved ones are cared for and your assets are protected, no matter what the future holds. For families navigating the immigration system, having a clear legal plan in place is especially important to safeguard minor children, manage property, and provide financial stability. At Monty & Ramirez LLP, we offer comprehensive estate planning services designed to give families peace of mind alongside their immigration strategy. Contact our office at 281-493-5529 to schedule a consultation and put a plan in place that protects what matters most.

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