Temporary Protected Status (TPS) provides critical relief to individuals from designated countries facing unsafe conditions, such as armed conflict, natural disasters, or other extraordinary circumstances. While TPS offers a lifeline, navigating the application process, renewals, and legal challenges can be complex. Having the right TPS immigration lawyer can make the difference between securing protection and facing unnecessary delays or denials.
Uncertainty About Eligibility Requirements
Not everyone qualifies for TPS, and eligibility hinges on specific criteria, including:
- Nationality or residency in a designated country at the time of the TPS designation.
- Continuous physical presence in the U.S. since the specified TPS announcement date.
- No disqualifying criminal offenses or other inadmissibility issues.
Misinterpreting these requirements can lead to application rejections. A TPS immigration attorney from our firm can assess an individual’s situation, verify eligibility, and ensure all documentation meets U.S. Citizenship and Immigration Services (USCIS) standards.
Difficulty Gathering or Submitting Required Documentation
A successful TPS application depends on providing USCIS with complete, accurate, and well-organized evidence. Missing, incorrect, or insufficient documentation is one of the leading causes of delays and rejections.
Proving Identity and Nationality
USCIS requires proof that the applicant is a national of a TPS-designated country (or a stateless person who last resided there). Acceptable documents may include:
- A valid passport (if available).
- A birth certificate with photo identification.
- National identity cards or consular records.
Problem: Many applicants lack official documents due to displacement, loss during travel, or government instability in their home countries.
How a TPS Immigration Attorney Helps:
- Substitutes alternative evidence.
- Works to obtain replacement documents.
- Ensures secondary proof meets USCIS standards.
Establishing Continuous Physical Presence in the U.S.
Applicants must show they have been living in the U.S. since the specified TPS designation date for their country. Evidence may include:
- Lease agreements, mortgage statements, or utility bills.
- Pay stubs, tax returns, or employment records.
- School transcripts, medical records, or bank statements.
Problem: Some applicants lack consistent records, especially if they moved frequently, worked in cash-based jobs, or had unstable housing.
How a TPS Immigration Attorney Helps:
- Identifies alternative forms of proof, such as sworn statements from employers, landlords, or religious institutions.
- Organizes a chronological timeline of residency to strengthen the case.
- Prevents discrepancies that could trigger USCIS scrutiny.
Deadlines and Changing Requirements
TPS deadlines are strict, and submission requirements can change. Missing a filing window or submitting outdated forms can result in denial.
How a TPS Immigration Attorney Helps:
- Tracks re-registration periods and policy updates.
- Submissions are made well before deadlines to avoid last-minute issues.
Past Immigration Violations or Criminal History
Even minor legal issues can complicate TPS applications. Certain criminal convictions or prior immigration violations, such as unauthorized entry or overstaying a visa, may trigger inadmissibility. A TPS immigration attorney can evaluate past incidents, determine their impact on eligibility, and explore potential waivers or legal remedies.
Receiving a Denial or Request for Evidence (RFE)
When USCIS denies a TPS application or sends an RFE, it means they need more information before making a decision. This is not always a bad sign—it may simply mean USCIS requires clarification. However, how an applicant responds can determine whether their case moves forward or gets denied permanently.
How a TPS Immigration Attorney Helps Overcome Denials & RFEs
Analyzing the RFE or Denial Notice
- USCIS letters can be difficult to interpret. A lawyer breaks down exactly what’s missing and crafts a strategic response.
Gathering Stronger Evidence
- If USCIS questions residency, a lawyer may:
- Obtain notarized affidavits from employers, neighbors, or community organizations.
- Submit additional dated records (e.g., church attendance, medical visits).
Addressing Criminal or Immigration Issues
- If past legal issues arise, a lawyer can:
- Argue that the offense does not disqualify the applicant.
- File a waiver (if applicable).
- Provide character references or proof of rehabilitation.
Correcting Mistakes & Reapplying (If Denied)
- If the case was denied due to errors, a lawyer can:
- File a motion to reopen the case if the denial was unfair.
- Reapply with a stronger package, fixing previous mistakes.
Fear of Deportation or Removal Proceedings
Individuals without legal status or those facing deportation may qualify for TPS as a form of relief. However, applying while in removal proceedings requires strategic legal intervention. An attorney can file the necessary motions, represent clients in court, and argue for TPS eligibility before an immigration judge.
Confusion About Future Immigration Options
While TPS provides temporary protection, it does not lead directly to permanent residency or citizenship. Many beneficiaries seek long-term solutions, such as:
- Adjustment of status.
- Family-based petitions.
- Asylum or other humanitarian protections.
A TPS immigration lawyer from our firm can evaluate eligibility for these options and develop a comprehensive immigration strategy.
Lack of Familiarity with Changing TPS Policies
Immigration laws and TPS policies frequently change. New designations, extensions, or terminations require prompt action. Legal professionals stay updated on policy shifts and advise clients accordingly, ensuring they remain compliant and informed.
How a TPS Immigration Lawyer from Rijal Can Help
Engaging a knowledgeable attorney provides several advantages, including:
- Accurate application preparation to minimize USCIS delays.
- Legal advocacy in complex cases involving inadmissibility or prior denials.
- Strategic guidance on renewals, work permits, and long-term immigration goals.
For individuals navigating TPS challenges, professional legal support can be invaluable. Schedule a free case evaluation with us.
