Guide To The Temporary Protected Status (TPS) In The United States

If you want a better life in the US, you might think about leaving your home country. You might apply for a visa and try to find employers willing to sponsor you. Upon arrival in the US, things might get tough in your home country, making it risky to go back.

That is where the US’s temporary protected status (TPS) comes in. The TPS is a temporary immigration status available to people from certain countries who have issues that make it hard or dangerous for them to return to their home country.

It is a lifesaver for a lot of people who are already living in the US when things in their home country make it impossible for them to leave or get deported. If you are a TPS holder, you can live and work legally in the US for as long as your home country is a TPS country in the US.

That usually means anywhere from 6 to 18 months, depending on your country. Getting TPS in the US is tricky, but you can get the help of a TPS attorney in NYC. To get TPS in the US, you must have some vital information at your fingertips. Here is some information you need to stay ahead in your TPS journey.

What Does (Temporary Protected Status) TPS Mean?

TPS is a program that temporarily lets people from dangerous countries live and work in the US. It is not a way to get a green card or citizenship, but it is a way to help people who cannot safely return to their countries.

The Secretary of Homeland Security can decide which countries get TPS if there is an ongoing war, natural disaster, disease, or something else that makes it impossible for persons from these countries to return.

How Long Does TPS Designation Last?

Your home country can get a TPS designation for 6 months, 12 months, or 18 months. Depending on the country’s situation, the secretary must decide whether to renew or end a TPS designation at least 60 days before it expires. The decision to start, end, or extend a TPS designation must be made public.

If there is no decision to extend or end the TPS designation of your home country, it means there is an automatic extension for 6 months. The law does not define “temporary” or limit how long a country can keep a TPS designation. Talk with a TPS attorney in NYC to know if your home country has a TPS designation in the US.

Who can Apply?

If you want to apply for TPS, you need to be either a citizen of a country with TPS designation or have lived there for the last few years. You must file at the right time or have grounds for late filing. You also need to be in the US at the time your country got the TPS designation, and you need to have lived in the US from the time your country got the TPS to when you applied for it.

However, you cannot apply if you have been convicted of a felony or more than two less serious crimes in the US. You also cannot apply if you are a security risk, guilty of the mandatory asylum bars, or were not in the US when your country got the TPS designation.

If you did not stay in the US after your country got the TPS designation or if you did not file to re-register your TPS after getting it initially, you cannot apply for TPS in the US. You can talk with a TPS attorney in NYC to find out if you can apply for TPS.

How do I Apply?

To start your TPS application, you will need to fill out Form I-821. If it is your first time applying, you can attach Form I-765 asking for employment authorization so you can work in the US upon approval of your application. You will have to send all these forms and any other documents you need to submit to the USCIS.

If you know why USCIS might reject your application, you can also file Form I-601 to waive any grounds for inadmissibility. You must support this application with the relevant evidence and documents. If you are unsure of the documents to attach to your application, talk with a TPS attorney in NYC.

Once you complete your application and complete the necessary paperwork, you can submit it to the USCIS within the application time. You will get a notice of receipt when the USCIS receives your application. If the USCIS rejects your submission, they will tell you why, and you can try again.

The USCIS usually takes 3 weeks to process your application. After processing your application, the USCIS may need some extra stuff, like your photo, fingerprints, or signature for people over 14. They use this to make sure you are who you say you are, check your background, and give you an EAD.

This is the biometric stage of your application. During this stage of your application, you will need to bring a photo, some receipts for fees, your appointment notice, and, if available, your EAD. Rescheduling your appointment for biometrics is possible, but be careful – it could take longer to get another date.

If you do not show up for your biometric appointment, your application may be rejected. The USCIS will review your application and decide whether to approve it. They must also decide if you qualify for an Employment Authorization Document (EAD).

If your application is inadmissible, the USCIS will allow you to submit the I-601 form if you omit to submit it earlier. If the USCIS approves your application, you will get a notice letting you know, and if you request an EAD, you will get one, too. If the USCIS rejects your application, they will tell you why and let you appeal if possible.

A sure way to get into the TPS application process is to get help from a TPS attorney in NYC.

Get Help

Find out the options to stay in the US and get help with the paperwork needed for your TPS application from a TPS attorney in NYC. They can also answer questions about your status and the U.S. immigration process. At Gehi and Associates, we have helped clients worldwide with complex immigration law issues, and we are here to help you through your process. 

Talk to one of our experienced lawyers to find out more about what it takes to get TPS protection and whether you qualify. We hope you will utilize our expertise, commitment, and enthusiasm to serve your best interest. Connect with us today!