Temporary Protected Status TPS

The Temporary Protected Status TPS, established by the United States Congress through the Immigration Law of 1990, is an immigration program that aims to protect foreigners who are in American territory, preventing them from being returned to their country from origin if it’s considered unsafe. The Secretary of the United States Department of Security (DHS, for its acronym in English) has the power to designate a foreign country to the TPS program, which occurs after the causes that warrant making that decision are rigorously evaluated and analyzed.

What is TPS?

It’s a provisional benefit that is granted to people who are within the American territory and who come solely and exclusively from the countries that are designated in the program; allowing them to legally live and work temporarily in US.

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What conditions must a country have to qualify for Temporary Protected Status?

To be eligible for the TPS program, a country must be going through crises and serious situations that warrant their admission to it.

There are only 3 possible circumstances for a country to be designated:

  • Living in a civil war or having an ongoing armed conflict.
  • Suffering from a natural disaster (earthquake, hurricane, etc.) or epidemic situation.
  • Any other extraordinary and temporary condition that prevents people from returning safely to their country.

What are the countries that are designated for TPS?

Currently the countries that are incorporated into the TPS program are: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Venezuela and Yemen.

If the conditions of a country change, this list may undergo modifications, so it’s advisable to consult the USCIS page for greater security.

How long is TPS granted?

The duration established for the TPS is from a minimum period of 6 months to a maximum of 18 months, having the option of being able to extend it before the expiration of its designation period.

Who can be chosen to be TPS beneficiaries?

Citizens from countries designated for TPS are eligible, as long as they have continuously resided in US since the date specified for their country. It’s important to emphasize that if a person has been convicted of committing a crime while in American territory or has engaged in terrorist activities, they will automatically be excluded and will not be eligible.

What benefits does TPS provide?

Being a beneficiary of TPS, gives you the security of being able to stay legally in United States, this guarantees that:

  • You cannot be deported.
  • You can apply for a work permit.
  • If required, you could obtain a travel authorization.
  • You will not be detained because of your immigration status.

What do I have to do to apply for TPS?

You must submit Form I-821: Application for Temporary Protected Status, pay the filing fee, confirm your identity and nationality through supporting evidence, include a residence certificate, and pay the corresponding fee for biometric services. If you want to work for the duration of your stay in US, you can also enter Form I-765: Application for Employment Authorization.

How do I know if the application was approved?

Once you have applied for TPS, your case will be thoroughly reviewed and evaluated by USCIS. At the end of the entire process, a notification of approval or denial will be sent, as appropriate.

Can a TPS denial be appealed?

Yes, in such a case, a 30-day period is granted to do so before the USCIS Administrative Appeals Office (AAO).

Can permanent residency be obtained through TPS?

No, TPS is provisional and doesn’t grant any other immigration status, however, it does not prevent you from applying for Nonimmigrant Status.

What happens if TPS expires?

If TPS expires and the person is eligible to re-enroll, they can submit their re-enrollment application, on the contrary, if they aren’t eligible, their immigration status will revert to the same as it was before obtaining TPS.

At Tramites de Inmigracion Corp, we put at your service a team made up of highly trained professionals specialized in immigration law, who will guide you correctly in your TPS application. For us, your safety and tranquility come first!

Don’t hesitate to contact us! Call now at 1 (786) 776-7152 or 1 (786) 786-5088.

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