What Is Temporary Protection Status (TPS) & How It Could Impact Your Immigration Journey?
Temporary Protection Status (TPS) is a special status provided by the Department of Homeland Security which allows individuals from countries facing severe conditions to stay in the United States safely. Individuals without nationality who used to live in TPS-designated countries may also qualify for this protection. To learn more about eligibility criteria and how it works, visit the USCIS website today!
The Secretary of the Department of Homeland Security can recognize a country’s need for temporary protected status (TPS), and bestow it after assessing conditions like war, natural disasters or an epidemic. In this way individuals affected by these challenges can seek refuge in another nation while they face personal hardship back home.
For those given Temporary Protected Status (TPS) by the U.S., there are many privileges to enjoy during their designated period. These include being safe from deportation, obtaining an Employment Authorization Document (EAD) and even receiving permission for travel – making this a great opportunity!
Important Note: If you’re hoping to obtain a different immigration benefit, remember that all relevant eligibility requirements are still applicable. Submitting an application for Temporary Protected Status should not affect your efforts to apply for asylum or any other visa category — and having one denied won’t necessarily knock you out of the running with TPS either. However, keep in mind that there may be certain conditions involved which could mean trouble if they overlap!
Temporary Protection Status (TPS) Eligibility
Individuals from certain designated countries who have been continuously present in the United States may be eligible for Temporary Protected Status (TPS). To qualify, applicants must meet specific requirements such as being a national of an approved country and filing during the initial registration or re-registration period. Late filings could also be accepted depending on extensions granted by TPS designations at a later date. Those that are without nationality but habitually living in one of these approved nations can also file for protection under this policy.
Although short duration exits from the United States are permissible under current law, be aware that you must notify USCIS of any absences if you’re looking to apply for or re-register with Temporary Protected Status.
What happens if the TPS expires?
If your Temporary Protected Status (TPS) is set to expire, the Department of Homeland Security can renew it for you following an in-depth review. The potential timeline varies from 6 months up to 18 – so get started 60 days ahead and be sure that your TPS status has been verified before submitting! Keep in mind extensions are only offered to those who currently have TPS status!
What documentation is needed to file for a TPS?
Starting a TPS application can be daunting as you must prepare all necessary forms and documents, including evidence of eligibility. It is not just important to collect the right paperwork – make sure your country possesses the requirements for obtaining authorization!
Forms
First, you need to file the I-821, Application for Temporary Protected Status that can now be filled out online. Initial TPS applicants or those re-registering for TPS can request Employment Authorization Document (EAD). Filing for I-821 with form I-765 may help you receive the EAD faster if your result is eligible. All forms are free and easy to find here on the USCIS website: https://www.uscis.gov/file-online/forms-available-to-file-online
Evidence
To file an initial TPS application, the evidence you must submit includes official documents as seen below. Ensuring that these vital pieces of information are provided is essential to getting started with the process!
- Identity and Nationality Evidence: If you are applying for Temporary Protected Status, it is essential to provide evidence that confirms both your identity and the nationality of a country designated by TPS. Alternatively, if you cannot demonstrate citizenship in such a nation, then proof needs to be provided detailing where you last resided before coming into this status.
- Date of Entry must be established to show the exact date you entered the United States and establishing Continuous Residence (CR) Evidence in the United States, is a key factor when determining your eligibility for many immigration benefits. Ample documentation must be submitted as evidence – this includes all documents not written in English which should have an accompanying certified translation by a translator who has both native-level fluency and proficiency of the language being translated from and into.
Submitting primary evidence is highly encouraged when available, but if the USCIS is not able to find any documents or the information you submit is not sufficient, it is possible to receive a request for additional information. Below you will find a list of information that may be ask for:
For more information about Temporary Protection Status don’t forget to visit the USCIS website.
If you have any question or need help and guidance with any immigration process that you are going through do not hesitate to contact the Gonzalez Torres Law Office, we have years of experience with immigration cases and we are readily available to help you navigate your case.
We are happy to consult with you and answer any of your questions so we encourage you to fill out our contact form HERE, give us a call or chat with us on WhatsApp at (678)-249-3899, or send us an email message to info@gonzalez-lawyer.com.
