Temporary Protected Status (TPS)

TPS

What is TPS?

Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of certain countries that are experiencing ongoing armed conflict, natural disasters, or other extraordinary and temporary conditions that make it unsafe for their citizens to return to their home country. TPS allows individuals from these designated countries to live and work legally in the United States for a specified period of time.

Key points about Temporary Protected Status (TPS) include:

  1. Designation: The U.S. Secretary of Homeland Security has the authority to designate countries for TPS based on specific criteria, such as armed conflict, environmental disasters, or other exceptional circumstances. These designations are typically made for renewable periods of six, 12, or 18 months.
  2. Eligibility: To be eligible for TPS, individuals must be nationals of a designated country and meet certain residency and background check requirements. TPS is typically not available to individuals with certain criminal convictions or those who pose a security risk.
  3. Benefits: TPS beneficiaries are granted temporary protection from deportation and are allowed to obtain employment authorization documents, which allow them to work legally in the United States during their TPS status. They may also be eligible for travel authorization.
  4. Periodic Renewal: TPS designations are typically temporary, and the status must be periodically renewed by the U.S. government. The renewal process depends on the specific circumstances in the designated country.
  5. No Path to Permanent Residency: TPS does not provide a direct path to permanent residency (green card) or U.S. citizenship. However, individuals with TPS may be eligible for other forms of relief or may adjust their immigration status through other means if they are otherwise eligible.
  6. Termination: TPS can be terminated for a designated country if the U.S. government determines that the conditions that initially justified the designation have improved to the extent that it is safe for nationals of that country to return. When TPS is terminated for a country, beneficiaries are required to return to their home country or seek another legal immigration status.

What are the Eligibility requirements for TPS?

The specific requirements for Temporary Protected Status (TPS) can vary depending on the circumstances and the designated country. However, there are some general eligibility criteria that typically apply to individuals seeking TPS in the United States. Here are the common requirements:

  1. Nationality or Citizenship: To be eligible for TPS, you must be a national or citizen of a country that has been designated for TPS by the U.S. government. TPS is typically granted to individuals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions.
  2. Continuous Residence: You must have been continuously physically present in the United States since the effective date of the TPS designation for your country. Continuous residence means you have been living in the U.S. without any significant interruptions.
  3. Continuous Physical Presence: In addition to continuous residence, you must also demonstrate continuous physical presence in the United States since the effective date of the TPS designation for your country. This means you have not left the U.S. for an extended period during that time.
  4. Timely Filing: You must file your TPS application during the open registration or re-registration period specified by U.S. Citizenship and Immigration Services (USCIS) for your designated country. Missing the filing deadline may result in the denial of your TPS application.
  5. Criminal Record: Individuals with certain criminal convictions may be ineligible for TPS. Serious criminal offenses can disqualify you from TPS eligibility. It’s essential to review the specific eligibility criteria for your designated country and consult with an immigration attorney if you have any concerns about your criminal history.
  6. Security and Public Safety Concerns: If you pose a security threat or public safety risk, you may be ineligible for TPS.
  7. Ongoing Registration: TPS beneficiaries are typically required to re-register during designated periods to maintain their status. Failing to re-register can lead to the loss of TPS benefits.
  8. Other Specific Requirements: Depending on the circumstances of your designated country, there may be additional requirements or considerations.
 
You may NOT be eligible for TPS or to maintain your existing TPS if you:
    • Have been convicted of any felony or two or more misdemeanors committed in the United States;
    • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
    • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
    • Fail to meet the continuous physical presence and continuous residence in the United States requirements;
    • Fail to meet initial or late initial TPS registration requirements; or
    • If granted TPS, you fail to re-register for TPS, as required, without good cause.
 

Countries Currently Designated for TPS

Countries Currently Designated for TPS as of October 2023

        • Afghanistan TPS
        • Burma (Myanmar) TPS
        • Cameroon TPS
        • El Salvador TPS
        • Ethiopia TPS
        • Haiti  TPS
        • Honduras TPS
        • Nepal TPS
        • Nicaragua TPS
        • Somalia TPS
        • South SudanTPS
        • Sudan TPS
        • Syria TPS
        • Ukraine TPS
        • Venezuela TPS
        • Yemen TPS

Maintaining TPS

Maintaining Temporary Protected Status (TPS) is essential to ensure that you can continue to legally reside and work in the United States. Here are some key steps to help you maintain TPS:

  1. Comply with TPS Requirements: It’s crucial to adhere to all the specific requirements and conditions of your TPS designation. These requirements may include registering for TPS during designated registration periods, paying any required fees, and following any special instructions provided by U.S. Citizenship and Immigration Services (USCIS).
  2. Re-Registration: TPS beneficiaries are often required to re-register during specific timeframes set by USCIS. Failure to re-register can result in the loss of TPS status. Make sure to stay informed about the re-registration periods and file your application on time.
  3. Avoid Criminal Activity: Committing certain criminal offenses, especially serious ones, can jeopardize your TPS status. It’s essential to stay out of legal trouble and follow all U.S. laws and regulations.
  4. Maintain Continuous Residence and Physical Presence: You must continue to maintain continuous residence and physical presence in the United States while you hold TPS. Leaving the country for extended periods can disrupt your continuous presence, which may impact your eligibility for TPS benefits.
  5. Keep Your Contact Information Updated: USCIS needs to have accurate and up-to-date contact information for you. Notify USCIS of any changes in your address, phone number, or email address within 10 days of the change. Failure to do so can result in missed notifications or important documents.
  6. Do Not Travel Abroad Without Authorization: Traveling outside of the United States without proper authorization can lead to the loss of TPS benefits. If you need to travel abroad temporarily, you should apply for a TPS travel document (Advance Parole) before leaving the country.
  7. Maintain Employment Authorization: If you are using your TPS status to work in the United States, make sure to maintain a valid Employment Authorization Document (EAD). Renew your EAD before it expires to avoid any work disruptions.

Filing TPS Late?

Late Re-Registration for TPS
USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.
If you file your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization.

Late Initial Filing for TPS
You can apply for TPS for the first time during an extension of your country’s TPS designation period. If you qualify to file your initial TPS application late, you must still independently meet all the TPS eligibility requirements listed in the Eligibility section above.

To qualify to file your initial TPS application late, you must meet at least one of the late initial filing conditions below:

  • During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you met one of the following conditions, and you register while the condition still exists or within a 60-day period immediately following the expiration or termination of such condition
    • You were a nonimmigrant, were granted voluntary departure status, or any relief from removal
    • You had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal which was pending or subject to further review or appeal
    • 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

  • During either the initial registration period of your country’s designation or during any subsequent initial registration period if your country was re-designated you were a child of an individual who is currently eligible for TPS. There is no time limitation on filing if you meet this condition. So if your parent is currently eligible for TPS and you were his or her child (unmarried and under 21 years old) at any time during a TPS initial registration period for your country, you may still be eligible for late initial filing even if you are now over 21 years old or married. You may file during an extension of your TPS designated country.

TPS - FAQ

(1) Can I travel outside the US with granted TPS? 

No, you must apply for travel authorization. If USCIS approves your request, they will issue you a Form I-512T, Authorization for Travel by a Noncitizen to the United States, to serve as evidence of DHS’s prior consent to your travel outside the United States. If a U.S. Customs and Border Protection (CBP) officer determines that you are eligible, they will admit you into TPS upon your return.

 

(2) Can I appeal if my TPS is denied? 

Yes, you can appeal a denial of TPS if your application for TPS benefits is not approved. Here are the general steps to appeal a TPS denial:

  1. Review the Denial Notice: Carefully read the denial notice provided by USCIS. It should contain information about why your TPS application was denied and the deadline for filing an appeal.
  2. Determine Eligibility for Appeal: Assess the grounds for denial and determine whether you have valid reasons to appeal the decision. Common reasons for denial may include failure to meet eligibility criteria, missed deadlines, or other issues with the application.
  3. File the Appeal on Time: If you believe the denial was in error, you should file an appeal with USCIS within the specified timeframe indicated in the denial notice. Failure to meet the deadline may result in the denial of your appeal.
  4. Complete Form I-290B: To initiate the appeal process, you will need to complete Form I-290B, Notice of Appeal or Motion. Follow the instructions on the form carefully, and provide a clear and concise explanation of why you believe the denial should be overturned.
  5. Include Supporting Documentation: Along with Form I-290B, submit any supporting documentation that strengthens your case. This may include additional evidence, legal arguments, or explanations addressing the reasons for the denial.
  6. Pay the Required Fee: There is typically a fee associated with filing Form I-290B. Make sure to include the appropriate fee or request a fee waiver if you qualify based on financial hardship.
  7. Submit the Appeal to USCIS: Mail the completed Form I-290B, along with all required documentation and the fee, to the USCIS office specified in the denial notice. Keep copies of everything you submit for your records.
  8. Removal Proceedings while TPS was denied: If you are in removal proceedings (also known as deportation proceedings)  you may be able to present your case to the immigration judge. The immigration judge can consider your eligibility for TPS during these proceedings.
  9. Asylum or Other Relief: If you have a pending asylum application or are eligible for other forms of immigration relief, you can present your TPS eligibility as part of your overall immigration case before an immigration judge.

 

(3) Can I obtain TPS through my parent?

No. You cannot obtain TPS as a derivative because your parent or child has TPS.

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

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After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

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At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.