Temporary Protected Status (TPS) is a vital humanitarian program offered by the U.S. government to individuals from countries facing ongoing armed conflict, environmental disasters, or other extraordinary conditions. This blog provides an in-depth look at TPS, guiding you through the application process, offering tips on maintaining your status, and protecting yourself from scams.
What is Temporary Protected Status (TPS)?
The designation of TPS for a country is based on conditions in that country that temporarily prevent its nationals from returning safely, such as ongoing armed conflict, environmental disaster (like earthquake or hurricane), or other extraordinary circumstances. TPS is not intended to provide a permanent solution or pathway to citizenship, but rather offers a temporary reprieve for eligible individuals who cannot return home safely.
Individuals granted TPS are protected from removal from the United States, may receive an Employment Authorization Document (EAD) allowing them to work legally in the U.S., and may be eligible to apply for travel authorization. It’s important to note that TPS does not lead to lawful permanent resident status (green card) or citizenship directly, but it does provide a temporary legal status in the U.S.
Key Points About Temporary Protected Status (TPS) in the United States
Here are some key points to understand about TPS in the United States:
1. Reasons: TPS can be granted due to ongoing armed conflict, environmental disasters, epidemics, or other temporary conditions that make a country unsafe for its nationals to return.
2. Benefits: Once granted TPS, individuals:
- Cannot be deported from the U.S.
- Can obtain an Employment Authorization Document (EAD).
- May be granted travel authorization.
3. Limitations: TPS does not lead to lawful permanent resident status (green card) or any other immigration status.
4. Other Immigration Actions: Registering for TPS does not prevent you from applying for nonimmigrant status, adjusting status based on an immigrant petition, or seeking any other immigration benefit for which you are eligible.
About Form I-821
Form I-821, Application for Temporary Protected Status, is the primary form used to apply for TPS. This form collects information about the applicant’s identity, nationality, and eligibility for TPS. Accurate and thorough completion of this form is crucial to ensure the application is processed smoothly.
TPS Eligibility Requirements
To qualify for Temporary Protected Status, you must meet these criteria:
- Nationality or Residency: You must be a citizen of a country designated for TPS, or a person without citizenship who last regularly lived in a designated country.
- Filing Period: You must apply during the open initial registration or re-registration period, or meet the requirements for late initial filing during an extension of your country’s TPS designation.
- Physical Presence: You must have been continuously in the U.S. since the effective date of your country’s most recent TPS designation.
- Residency: You must have continuously lived in the U.S. since the date specified for your country. Short, occasional, and innocent trips outside the U.S. are acceptable, but you must report all absences to USCIS.
Ineligibility for TPS
You may not be eligible for TPS or to maintain your existing status if you:
- Have been convicted of any felony or two or more misdemeanors in the United States.
- Are found inadmissible as an immigrant under applicable grounds in the (Immigration and Nationality Act) INA section 212(a), including non-waivable criminal and security-related grounds.
- Are subject to any of the mandatory bars to asylum, such as participating in persecution or engaging in terrorist activities.
- Fail to meet the continuous physical presence and continuous residence requirements in the United States.
- Fail to meet initial or late initial TPS registration requirements.
- If granted TPS, fail to re-register for TPS as required without good cause.
TPS Application Process: Step-by-Step Guide
Step 1: Prepare and File Your Application
- Gather all necessary forms, evidence, and fees (or fee waiver requests).
- Make sure to sign your application and include the correct fee amount
- Send your application to the address indicated on your TPS country page
Step 2: USCIS Receives Your Application
- USCIS will review your application for completeness and correct fees
- If accepted, you will receive a receipt notice with a receipt number to check your case status online
- If you do not receive a receipt notice within three weeks, contact the USCIS Contact Center.
Step 3: USCIS Contacts You for Biometrics
- If needed, USCIS will schedule you for biometrics (photo, fingerprints).
- You must attend an Application Support Center (ASC) appointment. Biometrics are required for identity verification and background checks.
- Every TPS applicant over 14 years old must have their biometrics collected. Biometrics are required for identity verification, background checks, and the production of an EAD, if one has been requested.
Step 4: Attend Your ASC Appointment
- Bring required documents like your passport, receipt notice, and any current Employment Authorization Document (EAD).
- If you can’t attend, reschedule by following the instructions on your appointment notice. You should submit your request for rescheduling as soon as you know you have an unavoidable conflict on your scheduled ASC date.
- Failure to attend may result in your application being delayed
Step 5: USCIS Determines Work Eligibility
If you applied for an Employment Authorization Document (EAD):
- First-time applicants may receive an EAD if found eligible during the initial review.
- Re-registrants will receive a new EAD when their TPS application is fully processed.
Step 6: USCIS Adjudicates Your Application
- USCIS may request additional documents to establish your eligibility. USCIS will notify you if your TPS is granted or denied.
- Respond promptly to any Request for Evidence (RFE) or Notice of Intent to Deny to avoid delays.
- You will receive your new EAD when your entire TPS package is adjudicated.
Step 7: USCIS Approves or Denies Your Application
- If approved, USCIS will send you an approval notice and, if requested, an EAD.
- If denied, USCIS will send a letter explaining the reason and provide an opportunity to appeal.
How Long Does a TPS Application Take?
The processing time for initial Form I-821, Application for Temporary Protected Status, is approximately six months. Remember that processing times are estimates and some cases may take longer than others.
Countries Currently Under Temporary Protected Status
The list of countries designated for TPS changes based on conditions in those countries. As of now, some of the countries under TPS include:
- El Salvador
- Afghanistan
- Haiti
- Honduras
- Nepal
- Nicaragua
- Somalia
- Sudan
- Syria
- Venezuela
- Yemen
Tips for Maintaining TPS
- Re-register during each re-registration period to maintain your status.
- Report any changes in your address to USCIS promptly.
- Keep records of all your correspondence with USCIS.
- Consult with an immigration attorney to stay updated on any changes in TPS policy or your status.
How to Avoid TPS Scams?
Protect yourself from potential scams related to Temporary Protected Status by following these guidelines:
- Seek Authorized Assistance: Ensure that the person providing you with legal advice or assistance is authorized to do so. Only attorneys or accredited representatives working for DOJ-recognized organizations can give legal advice on immigration matters.
- Verify Accreditation: Check if the person or organization is accredited to provide immigration assistance. You can find a list of accredited representatives and free or low-cost legal providers on the USCIS website.
- Avoid Payment for Forms: Be cautious of unauthorized practitioners who ask for payment to file TPS forms on your behalf. Legitimate legal assistance providers do not charge for the forms themselves.
- Visit USCIS Resources: Utilize USCIS resources to find legitimate legal advice and assistance. Visit the “Finding Legal Advice” page on the USCIS website for a list of accredited representatives and legal providers.
- Educate Yourself: Familiarize yourself with the signs of immigration scams and how to avoid them. Visit the “Avoid Scams” page on the USCIS website for information and resources.
- Report Scams: Report any unauthorized practitioners or suspicious activities to USCIS. This helps protect others from becoming victims of immigration fraud.
Note: By following these steps, you can protect yourself from immigration scams and ensure that you receive legitimate legal assistance for your TPS application. For more information, visit the USCIS website’s Avoid Scams page.
Frequently Asked Questions
1Q- Can I travel outside the U.S. with TPS?
A: Yes, you can travel outside the U.S. if you have Temporary Protected Status (TPS), but you must obtain travel authorization before you leave.
- If your TPS application has been approved, you will need to apply for travel authorization by filing Form I-131, Application for Travel Document.
- If your TPS application is still pending, you must apply for advance parole using Form I-131.
- Upon approval, you will receive either Form I-512T (Authorization for Travel by a Noncitizen to the United States) or Form I-512L (Advance Parole Document), depending on the status of your TPS application.
- Traveling outside the U.S. without obtaining proper travel authorization may result in losing your TPS status and may prevent you from reentering the United States.
2Q- What happens if my country’s TPS designation is terminated?
A: You will no longer have TPS benefits and must either leave the U.S., adjust your status through another visa, or face potential removal proceedings.
3Q- Can I work while my TPS application is pending?
A: Yes, you can apply for an Employment Authorization Document (EAD) while your TPS application is being processed.
Conclusion
Temporary Protected Status provides crucial support to individuals facing severe conditions in their home countries. Understanding the eligibility requirements, the application process, and how to maintain your status are essential steps to benefit from this humanitarian program. To navigate your TPS journey successfully, it’s important to stay informed and seek trusted legal advice.
For legal advice, contact Kodem Law today. Stay informed, stay protected, and make the most of the opportunities provided by TPS.
