Everything You Need to Know About Temporary Protected Status
As of this writing, Temporary Protected Status has been granted to the nationals of sixteen countries. This status is granted by the Secretary of the Department of Homeland Security to eligible foreign-born individuals who are unable to return home safely due to conditions in their home country.
Those conditions could be a civil war or other armed conflict, an environmental disaster, an epidemic, or other extraordinary conditions. In general those conditions are expected to be temporary, but are always catastrophic.
What does TPS allow you to do?
TPS allows you to live and work in the United States for a period of 18 months. In practice, this period of time is usually much longer, as the government may renew this period of time indefinitely as it continues to watch conditions in the targeted country unfold.
TPS does not allow you to become a lawful permanent resident or citizen. It does protect you from deportation.
Which countries are designated for TPS?
As of this writing, nationals from the following countries are eligible for TPS status:
- Burma (Myanmar)
- El Salvador
- South Sudan
Who is eligible for TPS?
You are eligible for TPS if:
- You are already physically present in the United States when the TPS designation is launched.
- You file during the initial registration or re-registration period or meet the requirements for late initial filing during any extension of your country’s TPS designation.
- Have a clean criminal and security record both in the United States and in your home country.
- Meet continuous physical presence and continuous residence in the United States requirements.
For example, if you are from Ukraine the registration period is between April 19, 2022 and October 19, 2023, which makes it a great time to apply if you have not done so already. You must have had continuous physical presence in the United States since April 19, 2022 and continuous residence since April 19, 2022.
Do you have to apply for TPS?
Yes. You must file Form I-821, Application for Temporary Protected Status. You must also file form I-765 to request employment authorization. If you may be inadmissible for some reason you may be able to request a waiver of inadmissibility with form I-601.
As you can see, filing for immigration is not easy, even if you are applying under a humanitarian program like TPS. You may need help from a qualified immigration lawyer if you wish to be successful.
If you think you may be eligible for TPS and wish to apply, reach out to our office to get help today.
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