Corporations / Employees
What is Temporary Protected Status (TPS)
3. El Salvador
7. South Sudan
TPS is not the same as asylum as asylum is granted to individuals who fear persecution or are unsafe in their native country, while TPS protects larger groups of people.
Eligibility criteria for TPSThe eligibility criteria for TPS are as below:
1. Be a native citizen of a designated country for TPS or a person who doesn’t have a nationality but was habitually living in the designated country
2. File for TPS during the open initial registration or re-registration period; you will need the criteria for late initial filings during any extension of your country’s TPS designation
3. Physically present and continuously residing in the US since the designation date assigned to your country
Who is not eligible for TPSThe following criteria will disqualify an individual from receiving TPS:
You have been convicted of two or more misdemeanors or any felony
You are unacceptable as an immigrant as per the INA section 212 (a), including security-related ground or non-waivable criminal ground
You fail to meet the physical presence criteria and continuous residence in the US
You fail to meet the requirements for initial or late TPS registration
You are subject to any of the binding bars to asylum. These include involvement in the persecution of another individual or engaging in terrorist activity
How to file for TPSTo file for TPS you must include the necessary forms, including Form I-821, Application for Temporary Protected Status. When you are filing the TPS application or re-registering for TPS, you can request an employment authorization document (EAD) as well. To do so, you will need to submit Form I-765, Request for Employment Authorization.
When filing a TPS application you need to submit the following documents:
When filing a TPS application the following support documents must also be provided:
1. Nationality and identity evidence to prove that you are a citizen of a country designated for TPS.
2. Evidence of date of entry to prove you were correctly inspected when last entering the United States.
3. Evidence of continuous residence proving that you have been living in the US since the date specified for your country
4. There is a fee for filing Form I-82 if filing for the first time; however, no fee for re-registering TPS is needed . The fee also depends on the age of the applicant. If you can’t afford the TPS fee, you can include the fee waiver request Form I-912, Application for Fee Waiver.
The final list of documents might be different depending upon your circumstances. It is always advisable to contact an attorney given the individuality of the TPS application.
TPS application processA standard TPS application process goes something like this:
1. After you have prepared the TPS package with forms, evidence, and fee or request for the fee waiver, send it to the address listed on the TPS country page. Ensure that you sign the petition and pay the correct amount for the fee.
2. When the USCIS receives the application, it will review it in full and check the fee, details, and all the evidence. If you meet all the criteria the application is entered into the system and a receipt notice is sent to the applicant.
3. If USCIS needs biometrics you will receive an appointment notice to appear at the Application Support Center (ASC). All the applicants over the age of 14 will need to have their biometrics collected for identity verification, production of an EAD, and background check.
4. For the appointment at ASC, you need to carry nationality evidence with a photograph, receipt notice, and EAD if you have any.
5. The USCIS examines the documents to establish the eligibility and accordingly notifies whether the TPS is generated or denied.
To maintain the TPS you need to re-register during every re-registration. To ensure that your process is completed hassle-free it is best to hire an experienced TPS attorney with years of experience. Look for the company that specializes in complex immigration cases, and that stays updated with the most current legal detals.
TPS and EAD eligibilityIf you are applying for TPS and seeking an EAD, the USCIS will assess the case to check whether you are qualified to work before any decision is made on your TPS application. If you are eligible, it is likely that you will receive the EAD without trouble. In case of re-registering for TPS and seeking an EAD, you will receive a new EAD as the whole TPS package is examined.
Late filing of TPSAt times you might qualify for filing a late initial TPS application. Even though this is allowed, it is a complicated process, often best left to a TPS attorney specializing in Late TPS Renewal. An attorney from Rijal Law Firm will make sure that you meet all the TPS eligibility.
Some of those criteria include the following conditions:
You must be registering while the conditions in your country still exist or not more than 60 days have passed following the expiration or termination of that condition.
If you are filing late, there are several additional conditions that you must meet to be eligible for late TPS registration:
You were either a non-immigrant and were granted a voluntary departure or similar relief from removal proceedings
You had a pending application for another immigration benefit including change of status, adjustment of status, voluntary departure, asylum or any other available relief from removal proceeding, which is either still pending or a subject to further appeal or review
You were a parolee or had a pending request for re-parole
You are a spouse of an individual who is currently eligible for TPS
OR If you were a dependent child of an individual on a valid TPS either at the time of initial registration period of your country’s designation or during any of the subsequent registration period, you are eligible to apply for late TPS Registration. There is no time limit for registration for such applicants. In other words, if your parents had a valid TPS at the time of initial registration, you are eligible to file a late TPS even if you are over 21 years old.
It is extremely important for you to contact an TPS immigration attorney who can assess your eligibility and make sure that your application is approved by USCIS.
Can you travel if you have TPS?If you have TPS you can travel outside the US by applying for a travel authorization. Travel authorization for TPS is like an advance parole document. The document allows you to travel outside the US and return during a specified time period. You must fill Form I-131, Application for Travel Document to apply for advance parole. If you choose to leave the US without advance parole, your TPS will be lost, and you might not be allowed to re-enter the US.
USCIS might accept the late re-registration of the TPS application only if you have a valid reason for filing after the end of the re-registration period of your native country. You need to submit a letter that states the reason for being late in completing the registration process.
To ensure that you are able to get the travel authorization it is best to seek the dedicated assistance of the attorneys at Rijal Law Firm. They will complete the necessary forms and ensure that the necessary documents are attached so that you can get the advance parole for travel authorization without any trouble.
TPS and Adjustment of StatusIf you have a valid TPS classification, you might be eligible for the Adjustment of Status. USCIS has developed a new policy that indicates that the TPS grant is considered admission for INA Section 245(a) purposes when considering the Adjustment of Status for applicants residing areas within the jurisdiction of the Sixth and Ninth Circuit Courts. TPS recipients need not leave the US and undergo consular processing through a US embassy. Families can stay together and carry on with their normal lives.
This new USCIS position came from Flores v. USCIS in the Sixth Circuit and Ramirez v. Brown in the Ninth Circuit; both courts held that a TPS grantee is considered “inspected and admitted” under INA Section 245(a).
The Ninth Circuit decision, Ramirez v. Brown, covers:
The Sixth Circuit decision, Flores v. USCIS, covers:
As of January 2021, President Joe Biden has promised to introduce a bill in the Congress to provide a direct pathway to Legal Permanent Residence. If you hold a valid TPS, call an expert immigration attorney today. As of January 2021, US president Mr. Joe Biden has promised to introduce a bill in the Congress to provide a direct pathway to Legal Permanent Residence. If you hold a valid TPS, call an expert immigration attorney today.