Temporary Protected Status (TPS) provides a vital safety net for individuals unable to return to their home country due to extreme circumstances like armed conflict, environmental disasters, or extraordinary conditions. This designation, granted by the U.S. Department of Homeland Security (DHS), aims to ensure that foreign nationals from specific countries have temporary protection from deportation and the ability to work in the United States. If you are considering applying for TPS or are curious about the process, understanding who qualifies and the application steps is crucial.
What Is Temporary Protected Status?
TPS is a temporary immigration status offered to people from certain countries facing crisis situations. These crises might include ongoing conflict, natural disasters, or other extraordinary conditions that make returning unsafe. The United States periodically reviews and updates the list of TPS-designated countries, adding or removing countries based on changing circumstances.
Who Can Qualify for TPS?
To qualify for TPS, you must meet specific criteria. First and foremost, you must be a national of a country designated for TPS or be a person without nationality who last habitually resided in a designated country. Designations change over time, so it’s important to check the latest updates on the U.S. Citizenship and Immigration Services (USCIS) website.
Basic Eligibility Requirements:
- Continuous Physical Presence: You must have been continuously physically present in the United States since the effective date of your country’s most recent TPS designation. This means you should not have left the U.S. for extended periods.
- Continuous Residence: Applicants must show they have continuously resided in the U.S. since a date specified by DHS. Again, this date varies by country and is clearly outlined in each designation notice.
- Timely Registration: You must file during the initial registration period or meet the criteria for late initial filing. There are specific conditions that allow late registration, such as having an immigration status that only expired after the initial TPS registration period.
Ineligibility Factors
Certain circumstances can make you ineligible for TPS. These include having been convicted of any felony or two or more misdemeanors in the United States. Additionally, if you have committed certain acts related to terrorism or other national security concerns, you may be barred from receiving TPS.
Countries Currently Designated for TPS
The list of TPS-designated countries is subject to change based on the U.S. government’s assessment of ongoing situations worldwide. Some of the countries that have had TPS designation in recent years include Honduras, Nicaragua, and El Salvador. Each designation includes specific criteria regarding when an applicant must have entered the United States.
For the most accurate and current information, check official DHS announcements and consult with a qualified immigration attorney if you have questions about your eligibility based on your country of origin.
Benefits of TPS
Being granted TPS offers several protections and benefits. First and foremost, individuals with TPS cannot be deported from the United States while their status is active. TPS recipients are also eligible to apply for an Employment Authorization Document (EAD), which allows them to legally work in the U.S. Moreover, those with TPS can request travel authorization if they need to leave and re-enter the country.
It’s important to remember that TPS is temporary. It does not provide a path to permanent residency or citizenship. However, it does offer a critical lifeline for people whose home countries are unlivable at the moment. In some cases, individuals may explore other avenues to adjust their status, but this is separate from TPS.
How to Apply for TPS
Applying for TPS involves multiple steps and requires attention to detail. Making mistakes or missing deadlines could impact your eligibility, so it’s crucial to be thorough.
Step 1: Complete Form I-821
The initial step in applying for TPS is to fill out Form I-821, Application for Temporary Protected Status. You can download this form from the USCIS website. Be sure to follow all instructions and fill in every section accurately. Omissions or errors could delay your application or lead to rejection.
Step 2: File for Work Authorization (Optional)
If you wish to work in the U.S., you should also complete Form I-765, Application for Employment Authorization. This form allows TPS holders to legally obtain work permits. Even if you are not seeking employment immediately, it might be wise to file for work authorization, as it can serve as additional identification.
Step 3: Gather Supporting Documents
The success of your TPS application depends on your ability to provide adequate proof of your eligibility. This includes documentation of your identity, such as a passport, birth certificate, or national ID from your home country. You’ll also need to prove your continuous residence and physical presence in the U.S. Bank statements, rental agreements, utility bills, and school or medical records are examples of acceptable proof.
Step 4: Pay the Required Fees
TPS applications come with fees, although some applicants may qualify for a fee waiver. As of now, the cost for Form I-821 and, if applicable, Form I-765 varies depending on your age and specific situation. Check the USCIS fee schedule and be prepared to submit payment in the correct form.
Step 5: Attend Your Biometrics Appointment
After filing your application, you’ll receive a notice for a biometrics appointment. At this appointment, your fingerprints, photograph, and signature will be collected. This step is mandatory and helps USCIS conduct background checks.
What Happens After You Apply
Once you’ve submitted your application and attended your biometrics appointment, you’ll have to wait for a decision. Processing times can vary significantly based on factors like the volume of applications and any issues that arise during background checks. USCIS will either approve your application, issue a Request for Evidence (RFE) if more documentation is needed, or deny your request.
If your application is approved, you’ll receive a notice of TPS approval and, if you applied for it, an Employment Authorization Document. Make sure to keep these documents in a safe place and be aware of when your TPS will need to be renewed. If your application is denied, you will have limited options for appeal, so seeking legal guidance is highly recommended.
Renewal and Re-Registration
TPS is not a one-time benefit. You must re-register during designated periods if DHS extends your country’s TPS designation. Failure to re-register could result in losing your status and work authorization. Keep track of important dates and announcements from USCIS to ensure you remain compliant.
Working with an Immigration Lawyer
Navigating the TPS application process can be complicated, especially if your case involves unique circumstances or if you’ve had past encounters with immigration enforcement. An experienced immigration lawyer can provide personalized advice, help with document preparation, and represent you in case any issues arise.
In Fairfax, Virginia, having legal guidance can make all the difference in a successful TPS application. Whether you need help understanding eligibility, meeting documentation requirements, or handling complications, seeking professional assistance could streamline the process and alleviate stress.
Finding Stability Through Temporary Protected StatusÂ
Temporary Protected Status offers crucial protection for individuals fleeing unsafe conditions in their home countries. While it doesn’t lead to permanent residency, it provides the security to establish a stable life in the United States for the time being. Saavedra & Perez Law is here to help you navigate the process with clarity and confidence. If you have questions about your eligibility or the application steps, don’t hesitate to contact us. Together, we can work toward protecting your future and building a path forward.