Temporary Protective Status (TPS) is a temporary immigration status granted by the United States government to individuals from specific countries experiencing conditions that make it unsafe or impractical for them to return.

These conditions may include armed conflict, natural disasters, epidemics, or other extraordinary circumstances. TPS is designed to provide humanitarian relief and is administered by the U.S. Citizenship and Immigration Services (USCIS).

WHO QUALIFIES FOR TPS?

Eligibility for TPS is first based on whether a particular country has been designated for Temporary Protected Status. The specific eligibility criteria are:

1. Country Designation: You must be a national of a country designated for TPS by the U.S. Department of Homeland Security (DHS) or be a stateless person who last habitually resided in a designated country.
2. Continuous Physical Presence (CPP): It is important that you must have been continuously physically present in the U.S. since the effective date of the country's TPS designation.
3. Continuous Residence (CR): You must have continuously resided in the U.S. since a date specified by DHS.
4. No Disqualifying Criminal Convictions: Certain criminal offenses, including felonies or two or more misdemeanors, can disqualify you as a potential applicant.
5. Meeting Deadlines: You must file your TPS application within the designated registration or re-registration period unless eligible for late filing.

WHAT ARE SOME BENEFITS OF TEMPORARY PROTECTIVE STATUS?

Temporary Protected Status (TPS) offers several key benefits, including protection from deportation while the status is in effect, allowing recipients to remain in the U.S. legally. TPS holders can also apply for an Employment Authorization Document (EAD), enabling them to work lawfully.

Additionally, they may seek Advance Parole, which provides authorization to travel outside the U.S. and re-enter lawfully, offering flexibility for international travel under specific conditions.

WHAT ARE SOME LIMITATIONS IN TPS?

• Temporary Nature: Keep in mind that TPS does not lead to permanent resident status or citizenship. Once the designation for a country ends, TPS holders must return to their home country or seek alternative legal status.
• Country-Specific Designation: TPS is only available to individuals from specific countries designated by the Department of Homeland Security.
• Ineligibility for Certain Benefits: TPS does not grant individuals eligibility for federal public benefits like Social Security or Medicaid.

HOW DO YOU APPLY FOR TPS?

If you want to apply for Temporary Protective Status, here are some key things you need to do:

1. File Form I-821: Submit Form I-821, Application for Temporary Protected Status, with the required fees or a fee waiver request.
2. Provide Supporting Documents: Include evidence of nationality, identity, CPP, and CR.
3. Biometrics Appointment: Attend a biometrics services appointment for fingerprinting and photographing.
4. Monitor Case Status: Track the application status through USCIS.

CURRENT TPS DESIGNATIONS

As of now, countries like Afghanistan, El Salvador, Haiti, Syria, Venezuela 2021, and others have TPS designations. See full current list of TPS designations. These designations are regularly reviewed and may be extended, terminated, or modified based on conditions in the home country.

Frequently Asked Questions about TPS

Are there bars to TPS? Yes, they include

• Being convicted of one (1) felony or two (2) or more misdemeanors are barred.
• Being inadmissible under INA section 212 (a). Applicants may be able to apply for a I-601 wavier for certain grounds of inadmissibility.
• Being firmly resettled in another country before arriving in the United States.
• Failing to have continuous residence requirement.

Can you apply for TPS with a prior order of removal?

Yes. Your immigration status at the time of your TPS application does affect your eligibility for TPS, this includes having a prior order of removal.

How long does TPS last?

TPS is granted for a specific period, typically 6, 12 or 18 months, but it can be extended, redesignated, or terminated depending on the conditions in the designated country.

Can I work in the U.S. with TPS?

Yes. TPS recipients are eligible to apply for an Employment Authorization Document (EAD) to legally work in the U.S.

Does TPS lead to a green card or permanent residency?

No. TPS does not directly lead to permanent residency or citizenship. However, TPS recipients may apply for other immigration benefits if eligible.

What happens if TPS is terminated for my country?

If TPS is terminated, recipients return to the immigration status they held before receiving TPS, if still valid. If no other status is available, they may face deportation unless other immigration relief applies.

Is there a fee to apply for TPS?

Yes, the initial fee for TPS is $50.00 dollars for all applicants. There is no fee for applicants re-registering. There is also a biometrics fee of $85.00 for applicants 14 years or older. The fee for an employment authorization document (work permit) is $410.00 dollars. Fee waivers may be available for those who qualify.

What happens if my TPS application is denied?

If denied, USCIS will notify you in writing with the reasons for denial. You may appeal a denial by filing a Notice of Appeal or Moton with USCIS or you may reapply during the designated period if eligible.

WE ARE HERE TO HELP

At TCB Legacy, we are here to help you every step of the way. Whether you are exploring TPS options, need assistance with legal documentation, or want to ensure your rights are protected, our experienced TPS immigration attorney, Andre Mckenney-Dorval in Hollywood, is ready to provide personalized solutions tailored to your unique needs.

Contact TCB Legacy Law today online or at 954-302-8989 to schedule an appointment.

Don't leave your future to chance—take the first step toward clarity and confidence today. Contact us to schedule your consultation, and let's work together to secure the outcome you deserve.