Temporary Protected Status in the United States

People from other countries come to the United States for a variety of reasons. There are many cases in which those countries are experiencing problems that make it unsafe to live. When this happens, many wish to flee their native country and come to the United States for protection. This is why the United States offers Temporary Protected Status (TPS) for foreign individuals.

Congress created TPS in the Immigration Act of 1990. It offers a temporary immigration status to individuals from specifically designated countries. To become designated, the country must be suffering from ongoing armed conflict, an environmental disaster, or extraordinary and temporary conditions. When people from these countries receive TPS in the United States, they are provided with a work permit and a stay of deportation. This status allows migrants to stay in the country for a period of 18 months and the government can renew it indefinitely.

Benefits of TPS

The United States Citizenship and Immigration Services may grant TPS to foreign nationals that are already in the United States, but came from a designated country. It is important to know that this status is temporary and does not lead to becoming a lawful permanent resident or any other immigration status. Benefits of this temporary status can include:

• The individual cannot be removed from the United States
• The individual can receive authorization to work and can obtain an Employment Authorization Document
• The individual may be granted travel authorization

Am I Eligible?

In order for an individual to receive TPS status, they must meet certain requirements. The list of requirements is as follows:

• Must be a national of a country designated for TPS, or you have no nationality but last habitually resided in a designated TPS country
• Has had a continuous physical presence in the United States since the effective date of the most recent TPS designation for their country
• Have been continuously residing in the United States since the date specified for their country
• Filed the application during the open initial registration period or they meet the requirements for late initial filing during an extension of their country’s TPS designation
• Have not been convicted of a felony or two or more misdemeanors in the United States
• Not found inadmissible as an immigrant

How to Apply

To apply for TPS, the applicant must follow these steps:

• Complete Form I-821, the Application for Temporary Protected Status
• Submit the Filing Fee of $50
• Complete a Form I-765, the Application for Employment Authorization, even if you are not requesting one
• Submit evidence including Identity and Nationality Evidence, Date of Entry Evidence, and Continuously Residing/Continuously Physically Present Evidence
• Sign and file both forms at the correct filing location

Once the application is filed, the individual will get a notice that it was received. This is in addition to a biometrics appointment date if it is applicable. If all the documents provided are cleared and no additional evidence is required, the applicant will receive a written notice of approval or denial for their application.

Contact our Firm

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.