Temporary Protected Status

 

“This Temporary protected status is a temporary immigration status granted to nationals of certain countries due to extraordinary conditions that prevent them from returning to their countries without running risks due to continuous environmental catastrophe, armed conflicts, or other extraordinary conditions.”

 

This temporary immigration status is available to certain foreign nationals from designated countries. USCIS requires citizens of designated countries to be eligible for TPS. Due to ongoing environmental disasters and epidemics, people cannot return home safely, or other extraordinary circumstances are eligible for the benefit.

To receive TPS protection for a loved one or yourself. You or your loved one must be from one of the countries listed for TPS protection. Our immigration attorneys can assist you with filing for TPS. Also, our immigration attorneys will assist you with every aspect of the filing process.

 

What is TPS?

In certain cases, deporting people to their countries of origin threatens their safety if they arrive in the US with Temporary Protected Status (TPS). To qualify for TPS, the applicant’s home country must be experiencing difficulties or conflicts that make returning untenable or directly threaten the applicant’s well-being and safety.

The TPS program protects from removal, employment authorization and the ability to travel abroad. Approximately 411,000 TPS recipients were living in the United States as of October 2020.

It is for six to eighteen months and can even be extended. TPS is a special designation granted to some countries that suffer from dangerous conditions. This could prevent their citizens from returning safely to their country of origin.

 

What is the TPS determination process?

The Secretary of Homeland Security determines whether to grant a country a TPS designation. Generally, in creating a designation for a country or even a part of a country, DHS consults with other federal agencies, such as State, Defense, or Justice. A country may qualify for TPS designation if it meets one or more of the following conditions:

 

An ongoing armed conflict:

Conflicts with stateless bad actors like DAESH are examples of internationalized armed conflict.

 

Natural disasters:

Natural disasters, like tsunamis, earthquakes, or epidemics, disrupt living conditions to an extreme degree. We can often find it hard/difficult to return home because the infrastructure has suffered so.

 

Conditions that are unusual or temporary:

Suppose the applicant’s security and safety would be seriously compromised by returning to their country of origin due to issues not covered by the first two conditions. In that case, they can get permission to remain with the caveat. Allowing them to stay would be against the US national interest if the appropriate US government agency deemed it so.

 

Eligibility for TPS/who is eligible for TPS?

If a country receives Temporary Protected Status, any national or stateless person who has habitually resided there may apply for TPS in the United States. It is generally not possible to apply for protective status after entering the United States after the date of designation.

Temporary Protected Status usually lasts six months, twelve months, or 18 months and can be extended by the Secretary of Homeland Security. Those who arrived after the original designation may apply for protections if the designation is “predesignated.” If a country’s designation continues, TPS holders will have their status extended until the end of the new extension period.

To qualify for TPS, a person must:

• TPS holders must be nationals or stateless residents of a TPS country.
• Keep a continuous physical presence in the US since the country’s TPS designation.
• Been residing in the United States since a date specified by the Secretary of Homeland Security.
• Based on the relevant US agency’s determination. They do not threaten the US for nefarious, criminal, or national security reasons.

 

Process of applying: TPS

To apply for TPS, you must submit the following forms and evidence. Pay the appropriate fee or request a fee waiver.

 

Forms: Form I-821, Application for TPS:

For TPS registration or re-registration, use either USCIS’ TPS webpage or the Federal Register address for that country. Within USCIS’ TPS webpage navigation, each country’s page provides information on how to apply.

 

Form I-765, Request for Employment Authorization (EAD):

A person can file form I-765 at any time while they hold TPS. It isn’t necessary to file it as part of the application for TPS. The USCIS website indicates that filing Form I-765 in conjunction with Form I-821 “. And may assist you in receiving your EAD quicker if you are eligible.”

 

Application for Waiver of Grounds of Admissibility Form I-601 (If applicable):

Those who are inadmissible to the United States and wish to get a waiver must fill out this form.

 

Supporting Documents:

TPS applications must include the following documents; whenever possible, send only a copy of the documents, not the originals.

 

Evidence of identity and nationality:

In this case, it serves as proof of nationality in a country with TPS. The most favourable documentation to file is primary evidence, as defined below. If USCIS finds the evidence submitted insufficient, it will be possible to submit secondary evidence.

 

Primary Evidence:

• A copy of your passport
• Photo identification and birth certificate
• The photo and fingerprint on any document issued by a country of origin. Including a national ID card or naturalization certificate issued by its Embassy or Consulate in the United States.
• It is possible to submit an affidavit containing the following information if no primary evidence is available:
• Proof of attempts to get these documents
• It is necessary to explain why you could not complete the consular process and to affirm that you are either a national or a resident of a country with TPS status.
• Interviews may take place as part of the process; additional evidence may be presented at that time.

 

Secondary Evidence

• A naturalization certificate, even without a photograph and fingerprints, is proof of nationality.
• Baptismal certificates state nationality or, in the case of a minor, a parent’s nationality.
• School or medical records if they support a claim of nationality from a TPS-eligible country.
• A copy of another immigration document proving nationality and identity.
• Family members or friends who are intimately familiar with the date and place of the applicant’s birth and the nationality of their parents. It should include information about the applicant’s relationship to them, including the applicant’s date and place of birth and the parent’s nationality. An applicant’s nationality is important if they are from a country where nationality originates from a parent.

Documentation that proves the applicant’s date of entry into the United States is pretty straightforward. Here we will know about the acceptable forms of evidence:

• A passport copy
• Arrival/Departure Record (I-94)

 

Continuous Residence (CR) Evidence:

The documentation shows that an applicant lived in the United States when their country of origin received TPS. Here is a list of evidence, but it is not exhaustive. The instructions for Form I-821 provide a complete list.

 

Employment records

• Receipts for rent, utility bills, company receipts or letters.
• An applicant’s or their children’s school records from the US.
• Records of hospitalization or treatment of you or your children.
• An attestation from a church official, union official, or another organization official who knows the applicant.

 

Fees:

There are several fees to pay the first time you register for TPS. In the case of re-registration, there is no fee for form I-821. You can pay your fees with a money order, personal check, or cashier’s check made payable to the US.

 

Homeland Security Department

USCIS Lockbox facilities accept credit cards using Form G-1450, Authorization for Credit Card Transactions. Registration or re-registration of TPS includes a biometrics fee. USCIS makes a separate appointment with each applicant.

Several factors determine the fee for form I-821. Here is a chart of the fee structures, including more costs for form I-765. There is a $930 fee for I-601.

It is possible for people who cannot pay fees to request a fee waiver by submitting the Fee Waiver Application (or another written request). More information is available on filing a fee waiver at Extra Information on Filing a Fee Waiver.

An applicant denied a fee waiver can re-file and pay the correct fees by the registration deadline or within 45 days after receiving the denial notice, whichever comes first.

 

TPS: More Tips

The US Citizenship and Immigration Services provide the opportunity to register for TPS through its application process. The process is fee-based; a TPS grant includes a temporary stay of deportation for the duration of the status and a temporary work permit for the same period. Additionally, people with TPS can apply separately for advance parole. This allows them to travel internationally from the United States and return. Status does not include general help.

 

 

A Temporary Protected Status does not provide a path to citizenship or a green card, but it does not drop eligibility for citizenship. There will be Supreme Court hearings about TPS in 2021 about the path to permanent residence for those with TPS and those who entered the country without inspection.

Under current Homeland Security protocols, individuals who want to adjust their status must leave the country and apply through the consulate. After removing TPS from a person’s country of origin, their status reverts to what it was before receiving protected status unless he or they acquired a new status during the period of protected status.

 

TPS program protects you from deported

The TPS program protects you from being deported, allows you to work by obtaining an employment authorization document, and may even allow you to travel abroad during the protected period. You cannot apply for any other immigration status once granted TPS. Still, you can apply for nonimmigrant status, change status, and any other immigration benefit you are eligible for.

If you are considering TPS, time is of the essence, so contact us today for a free evaluation of your case. Adherence to specific deadlines and registration periods is necessary to receive TPS. The preparation of your application will be accurate and thorough if you hire the help of a qualified, experienced Virginia immigration attorney. This benefit is available to those who qualify through our firm.

Let one of our skilled immigration lawyers help you with your case today.

 

TPS and Adjustment of Status

You may be able to change your status if you have temporary protected status (TPS). If an applicant lives in the 6th or 9th Circuit, being granted TPS counts as admission for INA Section 245(a) in terms of adjustment of status.

To apply for TPS status, individuals do not need to leave the United States and go through consular processing outside the country. Family members can remain together in the United States during the application process. Flores v. USCIS and Ramirez v. Brown are two court rulings that established this new policy. INA Section 245(a) states that TPS recipients have been “inspected and admitted”.

According to the ruling, Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington claimed in the case of Ramirez v. Brown. In Flores v. USCIS, the 6th Circuit covers Kentucky, Michigan, Ohio, and Tennessee.

 

TPS and Advance Parole

For those whose temporary protected status is about to expire, advancing parole can be applied to re-enter the country. A person who last entered the country on advance parole may be eligible for adjustment of status if they have a United States citizen child who turns 21 or gets married to one.

 

Is it possible to apply for a green card while I am temporarily protected?

TPS status doesn’t qualify you for permanent residency, but you may be able to qualify through an alternative route, such as marrying a US citizen or permanent resident.

 

Are TPS and asylum the same thing?

It’s not. It is only open to people from certain designated countries to apply for TPS. At the same time, anyone can seek asylum in the US. Generally, Asylum seekers may qualify for permanent residency after receiving asylum.

 

What is the duration of TPS?

TPS does not have a fixed duration, but the secretary of homeland security usually announces a time frame.

Bottom Line

If you have any questions about applying for TPS in the United States or late registration, contact an immigration lawyer.