Essential Guide On The United States’ TPS Program

If you want to enhance your life in the United States, you might consider moving away from your home country. You could apply for a visa and look for companies open to sponsoring you. Once you get to the US, the situation in your home country might worsen, making it dangerous to go back. This is when the temporary protected status (TPS) in the US comes into play.

The Immigration and Nationality Act created TPS in 1990. Currently, over 700,000 people enjoy this status. TPS is a short-term, non-permanent status given by the US government to certain people from specific countries who can’t return to their home countries because of serious issues.

These serious issues could be ongoing wars, natural disasters, disease outbreaks, or other extreme events. The length of TPS can change and might be extended if needed. TPS is given to people from certain countries who are facing challenges or dangers that make returning to their home nations unsafe.

This status acts as vital support for many people living in the United States, particularly when the situation in their home countries becomes so severe that they can’t leave or risk being sent back. Nonetheless, it is crucial to remember that TPS recipients must still fulfill the requirements for other immigration benefits.

Having TPS doesn’t automatically mean they can access these extra benefits. If you are considering applying for TPS in the US, it is recommended to seek advice from an immigration lawyer to evaluate the advantages and disadvantages of applying for TPS and to understand what it could mean for you.

Here are some useful tips to guide your quest for TPS in the US.

TPS designation period

Your country of origin can receive a TPS for 6 months, 12 months, or 18 months. The Secretary of State has the authority to renew or terminate a TPS at least 60 days before its expiration based on the country’s current situation. The choice to initiate, terminate, or prolong a TPS must be announced publicly.

Should there be no decision to either extend or terminate the TPS of your country of origin, it indicates an automatic extension for 6 months. The legislation does not specify the meaning of “temporary” or limit the duration for which a country may maintain a TPS.

Consult with an immigration lawyer to determine if your country of origin is currently granted a TPS in the US.

Persons who can apply

TPS is only accessible to those from countries the US has listed as being at risk when they return. These countries are divided into three categories: countries amid violent conflicts, countries hit by natural calamities, and countries in other threatening situations.

Countries involved in ongoing violent conflicts, like civil wars or other legal battles that prevent someone from returning to their home, are in the first category. Natural calamities, such as Hurricane Mitch in 1998 or the earthquake in Haiti in 2010, which can wreck infrastructure and upset people’s lives, fall into the second category.

The third category includes people from the countries chosen for TPS and non-citizens who have lived in these places for a long time despite not being involved in conflicts or disasters. To find out which countries have been chosen for TPS and what qualifies them, you can seek advice from an immigration lawyer.

Additionally, to qualify for TPS, you must:

1. be currently residing in the US;
2. have lived in the US for an extended period,
3. have no significant criminal record, and
4. not be inadmissible. However, if you can obtain a waiver and submit Form I-601, this is not a problem.

Applicants for TPS need not concern themselves with public charges or the absence of adequate immigration paperwork, even if they have entered the US unlawfully. Applicants must also demonstrate that they are not barred from seeking asylum to be eligible for TPS.

Are you unsure about what these barriers entail? Consult with an immigration lawyer. It is important to note that each family member must satisfy these criteria independently. Should your home country be designated a TPS nation due to violent conflicts or political turmoil, it might be wise to delay your TPS application and pursue asylum.

This is because asylum applications can offer greater benefits than TPS in the US. However, it is crucial to determine your eligibility for asylum. Seek advice from an immigration lawyer to verify your eligibility.

The benefits of TPS

1. Possibility for an extended stay – Individuals who qualify for TPS can live in the United States for a set period, usually between 6 and 18 months. If their home country’s situation doesn’t improve, they can extend their stay, with some staying for more than ten years.
2. Right to work – Those with TPS can work in the US by applying for an Employment Authorization Document (EAD) and finishing form I-765.
3. Right to travel abroad – People with TPS can travel abroad, which requires filling out a form I-131 – Application for Travel Document. After getting the approval, they get Advance Parole documents. These documents allow them to leave the US for up to 90 days, and they are allowed to return to the US several times during this period. If TPS recipients cannot secure Advance Parole or return to the US within the specified timeframe, they risk losing their TPS status.
4. Protection from deportation – TPS recipients are not eligible for deportation to their home countries. Although they are not US citizens, they qualify for TPS in the US because they originate from a country designated as a TPS country, facing temporary crises that could endanger their safety in their home country. Therefore, TPS recipients cannot be deported until their home country is safe.

While TPS offers several appealing advantages, obtaining TPS in the US has potential drawbacks that you should carefully consider and discuss with an immigration lawyer.

The drawbacks of TPS

TPS is a short-term program allowing immigrants to remain in the United States if their home nation has been recognized. One of its drawbacks is its global unawareness, short-lived nature, and difficulty securing an extended TPS extension. This is even more so if the country the person is from no longer qualifies for TPS.

The federal government selects which nations are granted TPS, which has been renewed for countries like Myanmar and Venezuela. TPS is a temporary solution, allowing individuals to reside in the US for 18 months. If the program terminates, the federal government might request your departure from the US unless you can obtain another extension.

There is a catch: you cannot apply for TPS if you have already arrived in the US after a specific date. You must be in the US during your home country’s TPS recognition period. You are required to keep records of your entry and stay in the US and present evidence of your citizenship or legal residency from one of the recognized countries.

One negative aspect of TPS is the expense involved. The initial TPS form I-821 charge is reasonable, but the additional forms required throughout the application process are quite costly. However, if you fulfill the necessary criteria, you might qualify for a fee waiver. TPS does not offer a direct route to citizenship or permanent residency.

The Biden administration aims to assist TPS holders in obtaining green cards, though the feasibility of this goal under his administration remains uncertain. Despite these drawbacks, TPS can be an excellent option for many immigrants. If you are from one of the countries designated for TPS, contact an immigration lawyer to arrange a consultation.

The TPS application process

To begin your TPS application, you will need to:

1. Complete the proper forms – Complete form I-821. Should this be your initial application, you must also submit form I-765. Form I-765 requests employment authorization, enabling you to work in the US once your application is approved. All necessary forms and documents must be sent to the USCIS. Should you be aware of any potential issues that could lead to your application being rejected, you may also consider submitting form I-601 to request a waiver of any inadmissibility grounds. Your application must be backed by the appropriate evidence and documents. If you are uncertain about which documents to include, consult an immigration lawyer.
2. Submit your application to USCIS – After completing it and all the necessary paperwork, you can submit it to the USCIS within the specified deadline. Upon submission, you will receive a receipt notice from the USCIS. Should your application be denied, the USCIS will provide a reason for the rejection, allowing you to reapply. The USCIS typically processes applications within a period of three weeks.
3. Submit additional documents and biometric appointments – Once your application is processed, USCIS might require additional documentation, such as a photo, fingerprints, or a signature for individuals over 14. This is to verify your identity, conduct a background check, and issue you an Employment Authorization Document (EAD). This step involves the biometric process of your application. At this point in your application process, you will need to present a photo, some proof of the fees you have paid, a notice of your appointment, and, if you have one, your EAD. You might be able to reschedule your biometric appointment, but it is important to note that this could delay securing a new date. If you fail to attend your biometric appointment, it could lead to the denial of your application.
4. USCIS reviews your application – The USCIS will review it and determine if it should be approved. Additionally, they will assess whether you meet the criteria for an Employment Authorization Document (EAD). Should your application be deemed inadmissible, the USCIS will allow you to file the I-601 form, provided you did not do so initially.
5. Notification of decision – Upon approval of your application by the USCIS, you will receive a notification informing you of this, and should you ask for an EAD, you will also be issued one. Conversely, if your application is denied by the USCIS, they will explain the reasons for this and allow you to appeal if you wish. The most effective method to avoid the stress of these processes is to seek assistance from an immigration lawyer.

Get help!

Are you in need of protection in the US? If yes, seek assistance with your immigration documents for a TPS application from an immigration lawyer. Gehi and Associates is a premier immigration law firm in the US that offers high-quality immigration services.

Our immigration lawyers can answer any questions regarding your immigration status and the US TPS application process. We have assisted clients globally with intricate immigration issues and are ready to support you. Visit our website to discover our decades-long history of success.

You can rely on our knowledge, commitment, and enthusiasm to assist you in achieving your goals. Contact us today!