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Temporary Protected Status (TPS)

Immigration Attorneys Serving Orlando, FL

Temporary protected status, or TPS, is a temporary immigration status to the United States for eligible nationals of designated countries. Immigrants in the U.S. who are unable to return to their home country because of ongoing armed conflict, an environmental disaster or other temporary conditions may qualify for TPS. TPS may also be granted in other situations, including a country that is unable to handle the return of its nationals adequately.

Who can qualify for TPS?

Eligible nationals of certain countries, or parts of countries, who are already in the United States may qualify for TPS. Individuals without nationality who last resided in a TPS designated country may also be granted TPS. As of 2012, the current countries designated for TPS include: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan and Syria.

In order to qualify for TPS, you must:

  • Be a national of a TPS designated country, or a person without nationality who last resided in the designated country
  • File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country's TPS designation
  • Have been continuously physically present in the U.S. since the effective date of the most recent TPS designation date of your country
  • Have been continuously residing in the U.S. since the date specified for your country. There are exceptions for brief, casual and innocent departures from the U.S.

You will not be eligible for TPS for any of the following reasons:

  • Felony convictions, or two or more misdemeanors committed in the U.S.
  • You are found inadmissible as an immigrant under INA 212(a)
  • You are subject to any of the mandatory bars to asylum. This includes participating in the persecution of another person or engaging in or inciting terrorist activity
  • You fail to meet the continuous physical presence and continuous residence requirements
  • You fail to meet initial or late initial TPS registration requirements
  • If granted TPS, you fail to re-register for TPS, when required

TPS is only a temporary immigration status and does not lead to lawful permanent resident status. In order to be granted other immigration benefits, you must still meet the qualifying requirements.

What Are the Benefits of TPS?

The Temporary Protection Status process offers many benefits for those who are approved, including:

  • You cannot be removed from the U.S. and cannot be detained by DHS, which means you can stay in the country without worry during your TPS period.
  • You are eligible for an employment authorization, so you are able to work in the country.
  • You have travel authorization, so you can travel outside of the U.S. as long as you have approval from USCIS.
  • You can file for adjustment of status

How to File for Temporary Protected Status

Filing a TPS application requires a great deal of forms and legal documentation. In order to be granted TPS, you must supply evidence of your identity and nationality, date of entry evidence, and evidence of your continuous residence in the U.S. As applications require clear and sufficient evidence for TPS approval, it is essential that you work with an attorney who has experience in compiling applications and accurately completing forms.

Applying for TPS? Contact Our Firm!

Brown Immigration Law will help anyone interested in applying for TPS successfully complete all the necessary forms and gather all the required evidence. U.S. Citizenship and Immigration Services has many requirements and procedures that must be fulfilled. With the help of an attorney from our firm, you can quickly and correctly file your application in order to be granted temporary protected status.

Our legal team can also provide experienced and knowledgeable assistance for other immigration issues you may be facing. To learn more, contact our firm today.

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