To be eligible for Temporary Protected Status (TPS) in the United States, individuals must meet specific criteria established by the U.S. Government. TPS is a temporary immigration benefit granted to eligible individuals from designated countries facing ongoing armed conflict, environmental disasters, or other extraordinary conditions.
Throughout a specified timeframe, those identified as TPS beneficiaries or deemed preliminarily eligible for TPS upon the initial examination of their cases (prima facie eligible) enjoy the following privileges:
1
Protection from Removal
Individuals are shielded from being deported from the United States during the designated period.
2
Employment Authorization
Eligible individuals have the opportunity to secure an Employment Authorization Document (EAD), granting them the right to work legally in the country.
3
Travel Authorization
TPS beneficiaries may be authorized for travel, allowing them certain freedoms within the United States during this specified period.
These benefits provide a vital reprieve for individuals navigating the complexities of immigration law, offering them stability and legal avenues for employment and travel.
Requirements for TPS
- Be a national of a country designated for TPS or a person without nationality who last habitually resided in the designated country;
- Country designation: Each designation is specific to a particular country and is based on the conditions prevailing there. Eligibility criteria may vary depending on the specific TPS designation for your country.
- Continuous residence: Generally, you must prove that you have been continuously residing in the United States since the designated TPS start date for your country. USCIS may have specific requirements regarding the length and nature of your residence.
- Have been continuously physically present in the United States since the effective date of the most recent designation date of your country; and
- Timely filing: File your TPS application during the designated registration period specified by USCIS. Late applications may be accepted under certain circumstances, so it's important to consult with an immigration attorney to determine if exceptions apply to your situation.
Key Features of the TPS Process
- Application submission: Complete Form I-821, Application for Temporary Protected Status, and any other required forms specified by USCIS. Include supporting documentation to establish your eligibility, such as evidence of nationality, continuous residence, and any additional requirements unique to your TPS designation.
- Filing fees: Pay the required filing fees associated with the TPS application unless you qualify for a fee waiver. USCIS updates the fee schedule periodically, so ensure you are aware of the current fees at the time of your application.
- Biometrics collection: USCIS may schedule an appointment for you to provide your biometrics, including fingerprints, photographs, and signatures, at an Application Support Center (ASC).
- USCIS review: USCIS will evaluate your application, supporting documents, and biometrics. If approved, you will receive an Employment Authorization Document (EAD), allowing you to work legally in the United States for the designated TPS period.
- Compliance with TPS regulations: Maintain your TPS status by complying with all TPS regulations and requirements. This includes re-registering for TPS during designated periods, maintaining continuous physical presence in the United States, and adhering to any specific conditions or restrictions associated with your TPS designation.
- Monitoring TPS updates: Stay informed about TPS announcements, re-registration periods, and any changes to the TPS designation or requirements. USCIS regularly updates TPS information, and it's important to remain aware of any developments that may affect your TPS status.
You may NOT be eligible for TPS or to maintain your existing TPS if:
- Criminal Convictions: You have been convicted of any felony or two or more misdemeanors committed in the United States.
- Inadmissibility: You are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds.
- Mandatory Bars to Asylum: You are subject to any of the mandatory bars to asylum, such as participating in the persecution of another individual or engaging in or inciting terrorist activity.
- Continuous Presence and Residence: You fail to meet the continuous physical presence and continuous residence in the United States requirements.
- Registration Requirements: You fail to meet initial or late initial TPS registration requirements.
- Re-registration Obligations: If granted TPS, you fail to re-register for TPS, as required, without good cause.
Consulting with an immigration attorney is crucial to receive accurate and up-to-date guidance tailored to your specific TPS eligibility and application process. The requirements and procedures for TPS may vary depending on the country designation and any updates issued by USCIS.
Whether you are seeking initial TPS status, re-registration, or other related immigration services, our attorney is committed to providing personalized assistance tailored to your unique situation. Trust us to guide you through the intricate details of TPS, offering comprehensive legal support that aligns with your specific needs.
Whether you are seeking initial TPS status, re-registration, or other related immigration services, our attorney is committed to providing personalized assistance tailored to your unique situation. Trust us to guide you through the intricate details of TPS, offering comprehensive legal support that aligns with your specific needs.