Understanding the Process of Obtaining Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a humanitarian program established by the United States government to provide temporary immigration relief to nationals of certain countries facing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. If you're seeking to obtain TPS, it's crucial to understand the eligibility criteria, application process, and benefits of this status.
Eligibility Criteria for TPS
Before diving into the application process, it's essential to determine if you qualify for TPS. The U.S. Secretary of Homeland Security designates countries for TPS based on specific conditions. To be eligible, you must:
1. Be a national of a TPS-designated country or a person without nationality who last resided in the designated country. Some designated countries are: Afghanistan, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Syria, Ukraine, and Venezuela.
2. Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country.
3. Have continuously resided (CR) in the United States since a date specified by the Secretary of Homeland Security.
4. File during the initial registration period or meet the requirements for late initial filing during any extension of your country's TPS designation.
Countries currently designated for TPS often include those experiencing armed conflict, environmental disasters (such as earthquakes or hurricanes), or other extraordinary conditions that temporarily prevent their nationals from safely returning home.
Application Process for TPS
Once it’s determined that you meet the eligibility criteria, you can begin the application process. The following steps outline how to apply for TPS:
1. Complete the Required Forms:
· Form I-821, Application for Temporary Protected Status: This form is the primary document for applying for TPS. It requires personal information, details about your arrival in the U.S., and your immigration history.
· Form I-765, Application for Employment Authorization: If you wish to obtain an Employment Authorization Document (EAD) to work legally in the U.S., you need to file this form. Although applying for an EAD is optional, many TPS applicants choose to do so to support themselves while their TPS application is pending.
2. Gather Supporting Documents:
· Proof of Identity and Nationality: Provide a copy of your passport, birth certificate, or any national identity document from your TPS-designated country.
· Evidence of Continuous Residence (CR): Submit documents such as utility bills, rental agreements, or medical records showing that you have continuously resided in the U.S. since the CR date.
· Evidence of Continuous Physical Presence (CPP): Similar to the CR documents, provide evidence like pay stubs, school records, or dated bank statements proving you have been physically present in the U.S. since the CPP date.
3. Pay the Required Fees:
· You will need to pay the application fee for Form I-821, Form I-765, and the biometrics fee. It's important to check the current fee schedule on the USCIS website, as these fees are subject to change.
4. Submit Your Application:
· Mail your completed forms and supporting documents to the appropriate U.S. Citizenship and Immigration Services (USCIS) address. Make sure to use the correct mailing address based on your state of residence and whether you're using U.S. Postal Service or a courier service.
5. Attend Biometrics Appointment:
· After submitting your application, you will receive a notice from USCIS to attend a biometrics appointment. During this appointment, your fingerprints, photograph, and signature will be collected for background checks.
6. Wait for USCIS Decision:
· USCIS will review your application and conduct background checks. This process can take several months. You will receive a notice of decision informing you whether your application for TPS has been approved or denied.
Benefits of Temporary Protected Status
Obtaining TPS provides several important benefits, including:
1. Protection from Deportation: In general, while under TPS, you cannot be deported from the United States.
2. Employment Authorization: You are eligible to apply for an Employment Authorization Document (EAD), allowing you to work legally in the U.S.
3. Travel Authorization: You may apply for advance parole to travel outside the U.S. and return legally. It's important to apply for advance parole before leaving the U.S. to ensure you can re-enter the country.
4. Stay of Removal: Your removal proceedings can be paused while you have TPS.
Key Considerations and Legal Assistance
Applying for TPS can be complex, and it's essential to ensure that your application is complete and accurate. Here are some key considerations:
1. Deadlines: Pay close attention to registration deadlines. Missing these deadlines can result in your application being denied.
2. Documentation: Ensure that all required documents are submitted with your application to avoid delays or denials.
3. Legal Assistance: Consider consulting with an immigration attorney or a legal firm specializing in immigration law. They can provide guidance, help you gather necessary documents, and ensure that your application is correctly filed.
Obtaining Temporary Protected Status (TPS) involves a detailed and thorough process, but it provides crucial protection and benefits to eligible individuals from designated countries. By understanding the eligibility criteria, gathering the necessary documents, and following the application steps meticulously, you can successfully apply for TPS. For personalized assistance and to maximize your chances of approval, it's wise to seek the help of a qualified immigration attorney. At Kairos Law, PLLC we are ready to help you with this matter.
