As part of a humanitarian solution for migrants who cannot return to their homes safely, the U.S. offers Temporary Protected Status (TPS). The Immigration Act of 1990, which the U.S. Congress established, allows nationals from home countries considered unsafe the right to live and work in the U.S. for a temporary but extendable period. If you are seeking to receive TPS, you should enlist the help of an adept Essex County Immigration Attorney who can help guide you through each phase of this legal process. Please continue reading to learn about the eligibility requirements and the TPS application process.
How Do Temporary Protected Status (TPS) Programs Work?
Firstly, Temporary Protected Status (TPS) grants temporary residence and work authorization to individuals from specifically designated countries that are confronting ongoing armed conflict, environmental disaster, or extraordinary conditions that make returning untenable or pose a direct threat to the well-being and safety of a person. Nationals who are granted TPS are safeguarded from removal. It’s imperative to note that migrants under this program are not recognized as lawful permanent residents or U.S. citizens. Generally, TPS is granted for 6, 12, or 18 months but can be extended at the discretion of the Secretary of Homeland Security.
To be eligible for TPS, an individual must:
- Be a national or habitually stateless resident of a country designated with TPS.
- Be continuously physically present in the U.S. since the country’s TPS designation.
- They have continuously resided in the U.S. since a date specified by the Secretary of Homeland Security.
- They pose no threat to the U.S. for nefarious, criminal, or national security-related reasons, as determined by the relevant U.S. agency.
If you meet the above-listed eligibility criteria, you can proceed to the application process by filing Form I-821, Application for Temporary Protected Status. To register or re-register for TPS, you can file this form online or at the address listed in the Federal Register for the country (excluding Venezuela). Although it’s unnecessary to file Form I-765, Request for Employment Authorization (EAD), with Form I-821, it can speed up the process of receiving work authorization if you are eligible. In addition, you can file Form I-601, Application for Waiver of the Grounds of Admissibility. If you are considered inadmissible to the U.S., this waiver would be filed on the grounds of that judgment.
What documentation will I have to provide?
Moreover, you will be required to provide supporting documents that are used as evidence that you qualify for TPS. You will be required to provide evidence of your identity and nationality. This evidence is vital as you must prove that you are a resident of a country with a TPS designation. From here, you must provide evidence of your date of entry into the U.S. and evidence of continuous residence. Essentially, you must provide documentation that proves when you entered the U.S. and documentation that shows you were residing in the U.S. at the time your country of origin was granted TPS. It’s imperative to note that if you re-register for TPS for the first time, you will be subject to various fees. If you are re-registering, you will not be subject to a fee for filing Form I-821.
If you’re seeking TPS in the U.S., it’s in your best interest to contact a determined attorney from the Law Offices of Christopher T. Howell, Esq., who can help you navigate this complex process.
