Temporary Protected Status (TPS) Explained: Who Qualifies and How to Apply
TPS is a humanitarian-based immigration system designed to allow selected non-citizens currently living in the U.S. to remain temporarily due to unstable conditions in their countries of origin. Some reasons for granting TPS status include armed conflicts, natural disasters, and other extraordinary situations. Although the TPS process cannot be considered a pathway to obtaining legal residency, it is significant in ensuring the safety of some non-citizens.
What is temporary protected status?
Temporary Protected Status is a term applied by the Department of Homeland Security in the United States. If the conditions in your home country are such that it would be dangerous for you to return to, you may be entitled to TPS.
After receiving TPS, eligible immigrants who were previously in the U.S. will be able to apply for TPS. People who get TPS can legally stay in the U.S. for as long as the TPS designation lasts.
It is vital to realize that TPS applies only to people who were already in the country before the date established by DHS.
Benefits of TPS
Some of the protections offered to those with TPS include the following:
- You are protected from deportation so long as your TPS remains in effect
- Those with TPS can seek employment authorization, enabling them to legally work in the U.S.
In certain instances, those with TPS can seek travel authorization, granting them the right to temporarily travel outside the United States and later return. It is important to note that travel authorization should be obtained before traveling abroad.
Who qualifies for TPS?
The Department of Homeland Security designates countries as hostile environments to assign TPS to certain immigrants. If DHS concludes that the conditions prevailing in a certain nation at any point in time render it unsafe for foreign nationals to return, it designates the nation for TPS.
If that nation is designated for TPS, the nationals of that nation who are present in the U.S. and meet the requirements are eligible for TPS. TPS beneficiaries are permitted to remain in the country until the designation period ends.
Most importantly, it should be noted that the provisions of TPS only cover individuals who were present in the United States before a specified date set by DHS.
How to apply for TPS
TPS applications are filed with USCIS by eligible individuals. Eligible immigrants must complete and file Form I-821, Application for Temporary Protected Status. Those seeking to work in the U.S. must file Form I-765, Application for Employment Authorization. In many cases, applicants are required to undergo biometrics to enable the government to conduct background checks.
Given that there are circumstances under which the TPS designation will expire or get renewed, TPS holders need to remain aware of such developments.
Talk to a Miami, FL, Immigration Lawyer Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of immigrants looking to stay and work in the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.