Who is Eligible for Temporary Protected Status in the U.S.A.?
The Immigration Act of 1990 led to the creation of the Temporary Protected Status (TPS) within the United States of America. This led to the existence of TPS immigration whose benefits are accessible to all foreign nationals belonging from war conflicted countries, countries with an ongoing environmental disaster, or other unforeseen circumstances. Reports suggest that as of February 2022, approximately 354,625 immigrants were protected under the TPS.
What is TPS in brief?
Temporary Protected Status is given by the Secretary of the United States Department of Homeland Security (DHS). This status is given to those foreign nationals who cannot return to their home country because of the following conditions: -
- An ongoing environmental disaster in the form of earthquakes or floods in the home country.
- Persistent armed conflict like civil war
- Other unexpected or temporary circumstances
Immigrants should keep in mind that TPS is not permanent. Moreover, it does not promise a Green Card or Lawful Permanent Residence in the U.S. However, TPS does not prevent anyone who wants to proceed further by applying for a non-immigrant or immigrant visa or other immigrant protection in the form of asylum or refugee status.
How to apply for Temporary Protected Status?
If you belong to a TPS-designated country then with the help of an experienced immigration attorney, you can confidently navigate the entire process. The steps to apply for Temporary Protected Status are as follows:
- Fill out the Form:
An application for TPS is completed using Form I-821. After completing the form, it has to be submitted to the designated office along with a fee or through a fee waiver.
- Go to the Application Support Center:
Once you have submitted your application you will be required to visit the application support center. At this center, applicants will have to provide their photograph, signature, and/or fingerprints.
- USCIS adjudicates the application:
After completing the initial steps, your application will be adjudicated by USCIS. If you meet the criteria, USCIS will approve your application. If you receive a request for evidence (RFE) or a notice of intent to deny, it is extremely important that you respond immediately to avoid processing delays and possible denial for failure to timely respond.
What are the advantages of TPS?
Individuals should have continuous physical presence in the U.S. while their home country is designated TPS status. TPS holders are given the following benefits: -
- Not detainable by DHS on the basis of their immigration status
- Not to be removed from the U.S. by DHS on the basis of their immigration status
- They are eligible for travel authorization
- Have the right to an employment authorization document (EAD)
- Eligible to access additional TPS benefits
Does Temporary Protected Status have an expiry date?
TPS designation can be made anywhere from 6 or 12 or 18 months as decided by DHS. In fact, DHS can even choose to renew these designations for these countries based on their prevailing conditions. However, the reissuing of the status has to be done sixty (60) prior to the expiration date of the designated country. Moreover, this renewal has to be published in the Federal Register in accordance with the Administrative Procedures Act. TPS designation for the following countries will expire as given below: -
- Afghanistan – November 2023
- Burma- May 2024
- Cameroon- December 2023
- El Salvador- December 2022
- Haiti- February 2023
- Honduras- December 2022
- Nepal- December 2022
- Nicaragua- December 2022
- Somalia- March 2023
- South Sudan- November 2023
- Sudan- October 2023
- Syria- April 2024
- Ukraine- October 2023
- Venezuela- March 2024
- Yemen- March 2023
Contact Salinas Law Firm to Apply for TPS
If you or any of your loved ones require help in applying for TPS status, we at Salinas Law Firm are available to serve you. Our experienced immigration lawyer will guide you through every step in the process. We are by your side in these crucial times and will do everything within our power to help you! Contact us today for further legal assistance.