Are you Eligible for Temporary Protected Status?

Temporary Protected Status (TPS) is an immigration status given to eligible nationals in designated countries. Once granted TPS, you won’t be required to leave the U.S. and may even be granted work authorization for the initial TPS period.

Unfortunately, TPS does not lead to permanent resident status. When TPS is terminated by the Secretary of Homeland Security, you will have to return to the same immigration status you had before TPS or another status you were granted during TPS.
 

TPS is granted under the following circumstances:

·         There is an armed conflict or war in the state you are from and, because of this conflict, your return would pose a threat to your safety

·         The state:

a)      has suffered an environmental disaster and this has caused an extreme temporary change in living conditions,

b)      is temporarily unable to handle the return of its citizens

c)      other extreme and temporary conditions prevent you and other nationals from returning safely – unless the Secretary believes that allowing foreigners to remain in the U.S. will harm the national interest of the United States.

Length of time: if granted TPS, you may remain for a minimum of 6 months and maximum of 18 months. Before the end of this time period, the Secretary will review your case. If the same conditions apply to your case, your stay will be extended for 6, 12, or 18 months. If the same conditions are no longer met, your TPS will end. 

Criteria for eligibility: if you want TPS, you may be eligible if:

·         You are a national from a country that is entitled to TPS. Or if you have consistently resided in a country entitled to TPS. 

·         You apply for TPS during the registration period.

·         You have been in the U.S. since the TPS designation started or since the effective date of the most recent re-designation period.

·         You have been in the U.S. since the date of the notice of designation. This date may be different than the effective date of the TPS designation.

·         You may be admitted as an immigrant and are not otherwise ineligible for TPS.

In order to apply, consult with your attorney to file the appropriate form and submit a filing fee along with other necessary documents like proof of identity and residence. An additional form must be submitted if you wish to receive employment authorization. Also, if approved for TPS, you will receive work authorization if you request it.

Once registered, you must continue to re-register every time your TPS benefits are extended. Failure to re-register will result in a withdrawal of your TPS. 

If granted TPS, you cannot travel outside the U.S. Permission to travel may be granted in some cases by the district director. If denied advance parole, you may not appeal. If you do not obtain advance parole before leaving the U.S., you may have your TPS taken away. Speak with an attorney to fulfil all requirements before leaving the U.S.

If you are denied TPS, in some cases you may appeal the decision. Your right to appeal depends on the nature of why you were denied TPS.

For more information about Temporary Protection Status, contact Attorney Phillip Kim at www.pkimmigration.com or call (619) 752-5379

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