Temporary Protected Status (TPS), created by the Immigration Act of 1990, is a temporary status granted to foreign nationals whose countries are facing an emergency, such as war, environmental disasters, and other extraordinary and temporary conditions. TPS is a temporary solution and will not lead to permanent resident status (green card) in the US.
Eligibility for Temporary Protected Status:
TO BE ELIGIBLE TO APPLY FOR TPS, YOU MUST BE A NATIONAL OR HAVE LAST RESIDED IN A COUNTRY DESIGNATED BY THE SECRETARY OF HOMELAND SECURITY FOR TPS. IN ADDITION, YOU MUST:
Establish continuous physical presence in the US since the effective date of the TPS designation.
Have no criminal or security-related bars to TPS.
Apply for TPS during the specified registration period.
You Are Not Eligible for TPS If:
You have been convicted of a felony or more than two misdemeanors in the US (in certain jurisdictions this can include traffic violations).
You are a persecutor, terrorist or subject to one of several bars to asylum.
You are subject to one of several criminal-related grounds of inadmissibility for which a waiver is not available.
How Do I Apply for Temporary Protected Status?
Once a country has been designated for TPS, you must file an application. A petition for employment authorization may also be included. Family members must apply independently to receive TPS benefits.
Once approved, you may remain and work in the US for the initial TPS period and for any extensions of the designation. Travel abroad may be limited and the foreign national, if eligible, must seek permission and a travel parole.
A TPS designation will be effective for a minimum of six months and a maximum of 18 months, and may be extended for 6, 12, or 18 month periods depending on the circumstance. If extended, you must re-register during the time period as noted on the USCIS web page. Failure to re-register will result in loss of Temporary Protected Status.
Does TPS Expire?
The Secretary of Homeland Security reviews the conditions in the designated country, and will extend or terminate the TPS designation. If terminated, your status will revert to the immigration status held prior to the TPS designation (unless status has expired or has been terminated).
What are my next steps?
Applying for TPS requires the counsel of an experienced, honest, and skilled immigration attorney. The attorneys at Antonini & Cohen are well-versed and extremely experienced in filing for TPS.
We know TPS. Call us.
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It is not intended to serve as legal advice.