Secure Your Legal Stay in the U.S. : Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a humanitarian program offered by the United States government, providing relief to foreign nationals from countries that are experiencing extreme conditions, such as armed conflict, environmental disasters, or other extraordinary conditions. If you are from one of the designated countries, TPS allows you to remain in the U.S. legally for a specified period, preventing deportation and offering the ability to work. In this article, we’ll discuss who qualifies for TPS, how to apply, and other essential information related to the process, with guidance from First Start Immigration Law.
Understanding Temporary Protected Status (TPS)
Temporary Protected Status is granted to nationals of certain countries that have been designated by the U.S. Secretary of Homeland Security. These countries are often facing extreme circumstances such as war, natural disasters, or epidemics that make it unsafe for their citizens to return. When a country is granted TPS, eligible nationals can stay in the U.S. temporarily without fear of deportation and with permission to work.
TPS is not a path to permanent residency, but it does offer temporary relief and the chance to live and work legally in the U.S. while the situation in the home country remains dire. It is a crucial program for those affected by unforeseen events that make returning home dangerous.
Eligibility Criteria for TPS
To qualify for Temporary Protected Status, applicants must meet certain criteria. These include nationality, continuous physical presence, and no disqualifying criminal history.
Nationality Requirements
The first requirement for TPS eligibility is that you must be from a country that has been designated for TPS by the U.S. government. This designation can be temporary or extended, and only nationals from these countries can apply for TPS. Countries such as El Salvador, Haiti, Honduras, Yemen, and several others are designated for TPS at various times.
Continuous Physical Presence in the U.S.
Applicants must demonstrate that they have been continuously physically present in the U.S. since the date their country’s TPS designation went into effect. Proof of continuous physical presence can include employment records, medical records, school transcripts, or rent receipts showing you’ve been in the country without long absences.
Continuous Residence in the U.S.
In addition to physical presence, applicants must have resided in the U.S. continuously since the effective date of TPS designation. USCIS requires proof that you have been living in the country during the designated period. There are exceptions, such as if you briefly traveled abroad and returned in accordance with TPS rules.
Criminal History Considerations
Applicants with certain criminal convictions, such as felonies or two or more misdemeanors, may not qualify for TPS. USCIS will conduct background checks on each applicant, and any significant criminal history may disqualify you from receiving TPS. If you have a criminal record, you should seek advice from an immigration lawyer to assess your eligibility.
No Threat to National Security
To qualify for TPS, you must not be deemed a threat to U.S. national security. Individuals who have engaged in terrorism or certain other harmful activities may be denied TPS.
The Process of Applying for TPS
Applying for Temporary Protected Status involves several steps, each of which requires attention to detail. Below is an overview of the process you must follow to apply for TPS.
Step 1: Verify Your Country’s TPS Status
The first step in applying for TPS is to confirm whether your country has been designated for TPS. The U.S. government regularly updates the list of designated countries, so it’s essential to verify the status of your home country.
Step 2: Complete the Required Forms
To apply for TPS, you will need to submit the correct forms to U.S. Citizenship and Immigration Services (USCIS). The primary forms for TPS applications are:
- Form I-821: This is the Application for Temporary Protected Status, which asks for biographical information and proof of your eligibility.
- Form I-765: If you wish to work in the U.S. while on TPS, you will need to file this form to request employment authorization.
- Form I-601: In cases where applicants have a criminal history or certain inadmissibility issues, Form I-601 may be required to request a waiver.
Step 3: Provide Supporting Documentation
Along with the application forms, you must submit proof that you meet the eligibility requirements. Common supporting documents include:
- Proof of nationality (passport, national identity card, or birth certificate)
- Evidence of continuous residence and physical presence (such as employment records, utility bills, or school records)
- Any documents relating to your criminal history, if applicable
Providing accurate and complete documents is essential to avoid delays in processing your application.
Step 4: Attend the Biometrics Appointment
After submitting your application, USCIS will schedule a biometrics appointment. At this appointment, USCIS will take your fingerprints, photograph, and signature to conduct background checks. This process helps ensure that applicants do not pose a threat to national security or public safety.
Step 5: Wait for a Decision
Once your application is complete and your biometrics are processed, you will need to wait for USCIS to make a decision. The processing time for TPS applications can vary depending on the country and the specific circumstances. If approved, you will be granted Temporary Protected Status, which will typically include authorization to work in the U.S.
Benefits of Receiving TPS
Once granted, TPS provides several key benefits to recipients, including:
Protection from Deportation
With TPS status, you are protected from deportation as long as your designation is valid. This means you cannot be removed from the U.S. unless your status expires or is revoked.
Work Authorization
One of the most important benefits of TPS is that it allows you to apply for a work permit. This authorization enables you to legally work in the U.S. during the time that you hold TPS status.
Access to Certain Public Benefits
TPS recipients may be eligible for some public benefits, such as healthcare or food assistance, depending on their specific circumstances and state of residence.
Limited Travel Permission
TPS recipients who need to travel outside of the U.S. may be eligible to apply for advance parole. However, leaving the U.S. without obtaining this permission may result in the loss of your TPS status.
Duration of Status
TPS is temporary, and it is granted for a specific period. If conditions in your home country remain unsafe, the U.S. government may extend the TPS designation. If your status is extended, you will need to apply for re-registration to maintain your status.
Renewing or Extending TPS
Since TPS is temporary, it is important to stay informed about the status of your country’s designation. The U.S. government will periodically review whether the conditions in your home country have improved. If your country’s TPS designation is extended, you will need to re-register by filing the appropriate forms.
It is essential to apply for re-registration on time to avoid losing your status. Failure to re-register may result in the termination of your TPS and any associated benefits, including work authorization.
Get Legal Help with Your TPS Application
Navigating the TPS application process can be complex. Even a small mistake or missed deadline can lead to delays or denials. At First Start Immigration Law, our team of experienced attorneys specializes in immigration law and can guide you through every step of the TPS application process.
We are committed to helping individuals from New York, Long Island, Dallas, East Los Angeles, Miami Lakes, Fort Lauderdale, and Boca Raton secure the temporary protection they deserve. We can assist you in gathering the necessary documentation, filling out the appropriate forms, and ensuring your application is complete and accurate.
Contact Us Today for Expert Immigration Services
If you need assistance with your Temporary Protected Status application or any other immigration matters, contact First Start Immigration Law. Our team is dedicated to providing high-quality legal services to help you navigate the complex immigration system.
Areas We Serve:
New York, Long Island, Dallas, East Los Angeles, Miami Lakes, Fort Lauderdale, Boca Raton
Phone: +1 (888) 888-9490
Email: elake@lakelegalservices.com
Let us help you with your immigration journey. Reach out to us today for expert legal guidance and support in your TPS application.
