What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing severe conditions, such as ongoing armed conflict, natural disasters, or epidemics, which prevent their safe return home. While TPS does not lead to permanent resident status, it allows beneficiaries to remain in the U.S. temporarily and apply for work authorization.

Eligibility for Temporary Protected Status

To be eligible for TPS, applicants must:

• Be a national of a country designated for TPS.
• Apply during the specified registration or re-registration period.
• Have been continuously physically present in the U.S. since the most recent designation date.
• Have continuously resided in the U.S. since the date specified upon designation.
• Not have committed certain crimes or be inadmissible under specific immigration law sections.

How to Apply for TPS?

Applicants need to submit:

• Form I-821, Application for Temporary Protected Status.
• Form I-765 for Employment Authorization (optional, depending on the need for a work permit).
• Supporting documents proving identity, nationality, date of entry, and continuous residence.
• Required fees or a fee waiver request using Form I-912 if applicable.

Application Process for TPS

1. Submission: File Form I-821 along with necessary evidence and fees to the specified address.
2. Review: USCIS reviews the application for completeness and issues a receipt notice.
3. Biometrics: Applicants may need to attend a biometric services appointment for fingerprinting and photographs.
4. Adjudication: USCIS evaluates eligibility for work authorization before making a final decision on the TPS application.
5. Decision: USCIS issues an approval or denial notice. If approved, the applicant may receive an Employment Authorization Document (EAD).

Who Cannot Apply for TPS?

Applicants may be barred from receiving or maintaining TPS for the following reasons:

• Criminal Record: Individuals who have committed crimes in the United States may be ineligible.
• Immigration Admissibility: Those found inadmissible under INA section 212(a) cannot receive TPS.
• Asylum Bars: Applicants subject to mandatory asylum bars will also be barred from TPS.
• Residency Requirements: Failing to meet the continuous physical presence and residence requirements in the U.S. disqualifies applicants.
• Registration Compliance: Failure to comply with TPS registration requirements or to re-register for TPS as mandated can result in loss of status.

What are the Benefits of Having TPS?

Individuals with TPS:

• Are not removable from the United States.
• Can obtain an Employment Authorization Document (EAD).
• May be granted travel authorization.
• Are not detainable by DHS on the basis of their immigration status alone.

How long does Temporary Protect Status last?

TPS durations vary and can be initially granted for periods of 6 months, 1 year, or 18 months. When the designation period of TPS for a specific country nears its expiration, the U.S. Department of Homeland Security (DHS) reviews the country's conditions to decide whether to extend or terminate the protections. The government has the discretion to extend TPS for additional periods ranging from 6 to 18 months, based on updated country conditions and can extend these protections multiple times as deemed necessary.

Consult Our Experienced Immigration Attorney

Navigating the TPS application process can be complex. At Najib Hakimi Law PLLC, we provide expert guidance and support through every step of your TPS application. Contact us today by filling out the online form or calling us at (+1)360-390-3936 to schedule a consultation.

FAQ:

• How to maintain TPS?
• What documents should I bring to the biometrics appointment?
• Can I get employment authorization document while my TPS application is pending?
• What happens if my application for TPS approved or denied?