TPS: Understanding Temporary Protected Status in the United States
TPS, or Temporary Protected Status, is a humanitarian program that provides temporary relief and protection to foreign nationals who cannot safely return to their home countries due to ongoing armed conflicts, environmental disasters, or other extraordinary and temporary conditions. TPS is a discretionary program that is granted by the Secretary of Homeland Security, and it is not a pathway to permanent residency or citizenship.
To be eligible for TPS, an applicant must meet certain criteria, including being a national of a designated country, being physically present in the United States at the time of the TPS designation, and not having any serious criminal convictions or other disqualifying factors. Once granted TPS, an individual can live and work in the United States, receive a travel authorization, and be protected from deportation.
However, TPS is not a permanent solution, and it is subject to change or termination by the government. TPS beneficiaries must regularly re-register and apply for extensions if they wish to maintain their status. They may also face challenges and considerations, such as limited job opportunities, lack of access to certain benefits, and uncertainty about their future.
Key Takeaways
TPS is a humanitarian program that provides temporary relief and protection to foreign nationals who cannot safely return to their home countries due to ongoing armed conflicts, environmental disasters, or other extraordinary and temporary conditions.
To be eligible for TPS, an applicant must meet certain criteria, including being a national of a designated country, being physically present in the United States at the time of the TPS designation, and not having any serious criminal convictions or other disqualifying factors.
TPS beneficiaries must regularly re-register and apply for extensions if they wish to maintain their status, and they may face challenges and considerations, such as limited job opportunities, lack of access to certain benefits, and uncertainty about their future.
Overview of TPS
Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there. TPS has been a lifeline to hundreds of thousands of individuals already in the United States when problems in a home country make their departure or deportation untenable.
Definition and Purpose
According to the United States Citizenship and Immigration Services (USCIS), TPS is a temporary immigration status that allows eligible nationals of designated countries to remain in the United States for a limited period of time. The purpose of TPS is to provide temporary relief to individuals who are unable to safely return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions.
Legal Framework
TPS was established by the Immigration Act of 1990 and is administered by the Department of Homeland Security (DHS) through USCIS. The eligibility criteria and application process for TPS are defined by federal law and regulations. Once an individual is granted TPS, they are authorized to work in the United States and are protected from deportation during the designated period.
In conclusion, TPS is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there. The purpose of TPS is to provide temporary relief to individuals who are unable to safely return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. TPS was established by the Immigration Act of 1990 and is administered by the Department of Homeland Security (DHS) through USCIS.
Eligibility Criteria
To be eligible for Temporary Protected Status (TPS), an individual must meet certain requirements. These requirements include both qualifying conditions and nationality requirements.
Qualifying Conditions
The first requirement for TPS eligibility is that the individual must be from a country that has been designated for TPS by the United States government. This designation is made when the country is experiencing extraordinary and temporary conditions, such as armed conflict or natural disasters, that make it unsafe for nationals to return.
The second requirement is that the individual must have been physically present in the United States at the time of the TPS designation. Additionally, the individual must have continuously resided in the United States since the designated date for their country, unless they meet certain exceptions.
Nationality Requirements
The third requirement is that the individual must be a national of the designated country. This means that they must have been born in the designated country, or if not born there, they must have been habitually residing there.
It is important to note that not all nationals of a designated country are eligible for TPS. For example, individuals who have been convicted of certain crimes or who have not maintained continuous physical presence or continuous residence in the United States may be ineligible for TPS.
Attorney Kyndra L. Mulder specializes in immigration law and can provide personalized legal services to assist individuals in determining their eligibility for TPS. She is knowledgeable about the qualifying conditions and nationality requirements that must be met, and can help clients navigate the complexities of immigration law with a focus on commitment, experience, and passion.
Application Process
Individuals seeking Temporary Protected Status (TPS) must follow a specific application process. This section will outline the registration procedure and required documentation for TPS applicants.
Registration Procedure
To apply for TPS, individuals must register during the registration period set by the Federal Register notice announcing the initial designation of their country for TPS. Applicants must submit Form I-821, Application for Temporary Protected Status, along with any required fees and supporting documentation.
It is important to note that applicants should wait to file their Form I-821 until the Federal Register notice for their respective TPS country has been published. USCIS will not accept applications filed before the start of the registration period or after the deadline.
Required Documentation
In addition to Form I-821, applicants must submit Form I-765, Application for Employment Authorization, if they wish to request an Employment Authorization Document (EAD). Applicants may also submit Form I-131, Application for Travel Document, if they need to travel outside of the United States while their TPS application is pending.
Applicants must also provide supporting documentation to prove their eligibility for TPS. This may include evidence of their nationality, identity, and continuous residence in the United States. Depending on the country of origin, applicants may also need to provide evidence of the conditions in their home country that warrant TPS designation.
Attorney Kyndra L. Mulder, an immigration law specialist, recommends that TPS applicants consult with an experienced immigration attorney to ensure that they meet the eligibility requirements and properly prepare their application.
Countries Designated for TPS
Attorney Kyndra L. Mulder explains that Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries. TPS is granted to individuals who are already in the United States and are unable to return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions.
Current TPS Countries
According to USCIS, the current TPS countries are El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. TPS beneficiaries from these countries who wish to extend their TPS must re-register during the re-registration period for their country's designation.
Historical Designations
USCIS explains that TPS has been designated for several other countries in the past. Some of the countries that have had TPS designation in the past include Venezuela, Ukraine, Syria, Afghanistan, Yemen, Cameroon, Ethiopia, Somalia, South Sudan, Burma, Liberia, Sierra Leone, Angola, Guinea, Kuwait, Rwanda, Lebanon, Burundi, Bosnia-Herzegovina, and Kosovo. However, the TPS designations for these countries have either been terminated or expired.
Attorney Kyndra L. Mulder notes that TPS designations are not permanent and can change over time. Therefore, it is important for TPS beneficiaries to stay informed about the current TPS designations for their countries.
Rights and Benefits
Under Temporary Protected Status (TPS), beneficiaries are eligible for certain rights and benefits. Two of the most important ones are Employment Authorization and Travel Considerations.
Employment Authorization
Beneficiaries of TPS are eligible to obtain Employment Authorization Documents (EADs) which allow them to work in the United States legally. The validity of EADs and other TPS-related documentation is tied to the TPS designation of the beneficiary's country of origin.
Kyndra L. Mulder, a specialist in immigration law, explains that "TPS beneficiaries who wish to extend their TPS must re-register during the re-registration period for their country's designation." It is important to note that TPS extensions only apply to those who already have TPS status. Foreign nationals who arrive after the designated start date are only made eligible for status if TPS is re-designated for their country.
Travel Considerations
Under TPS, beneficiaries are also eligible for travel authorization. Beneficiaries must apply for and receive Advance Parole travel authorization before leaving the United States. If they do not, they risk losing their TPS status and being unable to re-enter the United States.
It is important to note that travel outside the United States may also affect a beneficiary's ability to adjust their status to permanent residency. Kyndra L. Mulder advises that "TPS beneficiaries should consult with an experienced immigration attorney before traveling outside the United States to ensure they understand the potential impact on their immigration status."
In conclusion, TPS beneficiaries have the right to work in the United States legally and are eligible for travel authorization. However, it is important to understand the restrictions and requirements that come with these benefits to avoid jeopardizing their TPS status.
Maintaining TPS Status
Individuals who have been granted Temporary Protected Status (TPS) must take specific steps to maintain their TPS status. Failure to follow these requirements may result in the loss of TPS status and the inability to reapply for TPS in the future.
Re-registration Requirements
TPS beneficiaries must re-register during the designated re-registration period for their country's TPS designation to maintain their TPS status. The re-registration period is typically 60 to 90 days before the current TPS designation expires.
During the re-registration period, TPS beneficiaries must submit an application for re-registration, pay the required fee, and provide evidence of continuous residence and physical presence in the United States since the initial grant of TPS. TPS beneficiaries who fail to re-register during the designated period may lose their TPS status.
Continuous Residence and Presence
To maintain TPS status, beneficiaries must continuously reside in the United States and physically be present in the country. Continuous residence means that the individual has been living in the United States since the date of their initial TPS approval. Physical presence means that the individual has been physically present in the United States for a certain period of time, depending on the TPS designation.
During the TPS period, beneficiaries must not have any criminal convictions or other disqualifying factors that would render them ineligible for TPS. Additionally, beneficiaries must not have traveled outside the United States without obtaining proper authorization from the United States Citizenship and Immigration Services (USCIS).
Attorney Kyndra L. Mulder, a specialist in immigration law, recommends that TPS beneficiaries carefully follow all re-registration requirements and maintain continuous residence and physical presence in the United States to avoid losing their TPS status.
Challenges and Considerations
Termination and Extension
Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there. TPS has been a lifeline to hundreds of thousands of individuals already in the United States when problems in their home country prevent them from returning. However, TPS is not a permanent solution, and it can be terminated at any time.
Termination of TPS can have devastating consequences for those who rely on it. For example, the termination of TPS for El Salvador, Honduras, and Haiti in 2018 would have resulted in the deportation of more than 300,000 people. The termination of TPS for these countries was challenged in court, and the Supreme Court ultimately ruled that the termination was legal, but it did not address the underlying policy issues.
Extensions of TPS can also be problematic. For example, the extension of TPS for Syria in 2016 allowed Syrians that arrived between January 5, 2015, and August 1, 2016, to be eligible for TPS. However, this extension did not address ongoing armed conflict in Syria or the fact that many Syrians were still in danger.
Legal and Political Factors
Legal and political factors can also impact TPS. For example, the Trump administration attempted to terminate TPS for several countries, including El Salvador, Honduras, and Haiti, citing improved conditions in those countries. However, these decisions were challenged in court, and the Supreme Court ultimately ruled that the terminations were legal.
Political factors can also play a role in TPS decisions. For example, the Biden administration has greatly expanded the number of immigrants who are eligible for TPS since taking office in January 2021. This expansion has been criticized by some as a way to bypass Congress and create a de facto amnesty program.
In conclusion, TPS is a complex and ever-changing area of immigration law. As Attorney Kyndra L. Mulder, who specializes in immigration law, notes, navigating the complexities of TPS requires commitment, experience, and passion. Anyone who is eligible for TPS or who is facing the termination of TPS should consult with an experienced immigration attorney to understand their rights and options.
Pathways to Permanent Residency
Temporary Protected Status (TPS) is a form of humanitarian relief that provides temporary protection to individuals who are unable to return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. While TPS does not provide a direct pathway to permanent residency, there are other avenues available for TPS holders to obtain permanent resident status in the United States.
Adjustment of Status
One option for TPS holders to obtain permanent residency is through adjustment of status. This process allows individuals who are already in the United States to apply for permanent residency without having to leave the country. To be eligible for adjustment of status, TPS holders must have a qualifying family relationship or employment opportunity that allows them to apply for permanent residency.
Asylum and Other Protections
Another option for TPS holders to obtain permanent residency is through asylum or other forms of protection. Asylum is a form of protection that allows individuals who have suffered persecution or fear persecution in their home country to remain in the United States. TPS holders who are unable to return to their home country due to ongoing armed conflict or other forms of persecution may be eligible for asylum.
Other forms of protection that may be available to TPS holders include withholding of removal and protection under the Convention Against Torture. Withholding of removal is a form of protection that prevents individuals from being removed to a country where they would face persecution. Protection under the Convention Against Torture is a form of protection that prevents individuals from being removed to a country where they would face torture.
Overall, TPS holders have several pathways available to obtain permanent residency in the United States. Attorney Kyndra L. Mulder, an experienced immigration lawyer, can help TPS holders navigate the complexities of immigration law and determine the best pathway for obtaining permanent residency.
Compliance and Enforcement
Attorney Kyndra L. Mulder emphasizes the importance of complying with the requirements of TPS to avoid deportation and removal risks. USCIS monitors the compliance of TPS beneficiaries and may terminate their status if they fail to meet the eligibility criteria or commit violations of the law.
USCIS Monitoring
USCIS conducts regular checks on TPS beneficiaries to ensure that they continue to meet the eligibility requirements. These checks include verifying their current address, employment status, and criminal history. TPS beneficiaries must also re-register during the re-registration period for their country's designation to extend their TPS status. Failure to re-register may result in the termination of their TPS status.
Deportation and Removal Risks
TPS beneficiaries who fail to comply with the eligibility requirements or commit violations of the law may face deportation and removal risks. Inadmissibility grounds, such as criminal convictions, may also result in the termination of their TPS status. Deferred Enforced Departure (DED) may be granted to individuals who do not qualify for TPS but are otherwise eligible for relief from removal.
Attorney Kyndra L. Mulder advises TPS beneficiaries to seek legal assistance to navigate the complexities of immigration law and ensure compliance with the eligibility requirements. She offers personalized legal services with a focus on commitment, experience, and passion for helping clients.
Resources and Assistance
Government and Community Support
Individuals with TPS status may benefit from government and community resources and assistance. The U.S. Department of Homeland Security (DHS) provides information on TPS and immigration status on their website here. TPS beneficiaries who wish to extend their TPS must re-register during the re-registration period for their country's designation. The validity of Employment Authorization Documents and other TPS-related documents are extended automatically.
The Secretary of Homeland Security has the authority to grant a waiver of certain grounds of inadmissibility for TPS applicants. However, TPS applicants with certain criminal records may be ineligible for TPS. Felonies and certain misdemeanors may disqualify an applicant from obtaining TPS.
Community organizations may also provide resources and assistance to individuals with TPS status. The Immigrant Legal Resource Center (ILRC) provides information on TPS and legal aid services on their website here. The ILRC offers community explainers that walk through the latest matters related to country designations, key dates, and other important information.
Legal Aid and Advocacy
Individuals with TPS status who require legal aid and advocacy may benefit from personalized legal services. Attorney Kyndra L. Mulder specializes in immigration law, particularly in defending the enforcement of the I-864 Affidavit of Support. Attorney Mulder offers personalized legal services with a focus on commitment, experience, and passion for helping clients navigate the complexities of immigration law.
It is important for individuals with TPS status to seek legal assistance from a qualified attorney if they are facing any legal issues related to their immigration status. An attorney can provide legal advice and representation for TPS beneficiaries who are seeking to extend their TPS status or adjust their status to permanent residency.
Frequently Asked Questions
What are the benefits of being granted Temporary Protected Status?
Individuals granted Temporary Protected Status (TPS) are protected from deportation and can obtain work authorization in the United States. TPS beneficiaries also become eligible for certain government benefits, such as Social Security and Medicare, and can apply for a travel document to leave and reenter the United States.
How long does it typically take to process a Temporary Protected Status application?
The processing time for TPS applications varies depending on the country of origin and the current status of the program. However, USCIS strives to process TPS applications as quickly as possible. Applicants are encouraged to check the USCIS website for the most up-to-date information on processing times.
What are the current guidelines for Temporary Protected Status extensions?
Under current guidelines, TPS beneficiaries must re-register during the re-registration period for their country's designation. The validity of Employment Authorization Documents and other TPS-related documents are automatically extended for a period of time specified by USCIS.
How does one qualify for Temporary Protected Status in the United States?
To qualify for TPS, an individual must be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country. Additionally, the individual must have continuously resided in the United States since the designated date for their country and must meet other eligibility requirements.
Can individuals with Temporary Protected Status eventually apply for a green card?
While TPS does not lead directly to a green card, TPS beneficiaries may be eligible for other forms of relief, such as asylum or adjustment of status. It is important to consult with an experienced immigration attorney to determine the best course of action.
Does Temporary Protected Status provide the same protections as refugee status?
No, TPS is a temporary form of relief that is granted to individuals who cannot return to their home country due to temporary conditions, such as war or natural disasters. Refugee status, on the other hand, is granted to individuals who are unable or unwilling to return to their home country due to persecution or fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
