Temporary Protected Status (TPS): Who Qualifies and How to Apply
Temporary Protected Status (TPS) is a humanitarian program that enables certain foreign nationals in the U.S. to live here legally when it is not safe for them to return to their home country due to armed conflict, natural disasters, or other extraordinary conditions.
To be eligible for TPS, it is vital for immigrants to be aware of the eligibility criteria and the application process.
What is temporary protected status?
Temporary Protected Status (TPS) is a program administered by USCIS. It is a designation that the U.S. makes if it is not safe enough to return to your home country. This is usually done by the USCIS.
If an individual has TPS, it allows them to stay in the country for a certain period of time. They will not be deported during this period. They can also apply for work permits.
It does not allow an individual to attain permanent residency or citizenship. It is temporary.
Who qualifies for TPS?
An individual is eligible to apply for TPS if:
- The individual is a national of a designated country or is a person who has no nationality but last had their residence in one of the designated countries
- The individual meets the residency requirement, which is continuous physical presence in the U.S. since the date designated in the notice or if the individual arrived in the U.S. after the designated date
- The individual meets the admissibility requirements under U.S. immigration law
- The individual files the required forms with DHS during the designated registration/re-registration period.
How does the application process work?
Application for TPS is done by filing an I-821 form with USCIS. The applicant may also file an I-765 form for a work permit. The applicant must provide identification documents, including a national ID and proof of continuous residence, like a passport or birth certificate. After filing, the applicant may be asked to undergo biometrics, including fingerprinting and background checks. USCIS will then decide on the eligibility of the applicant for TPS. The temporary nature of TPS means that when it is extended, the beneficiary must reapply, or their application will be denied.
How legal guidance can help you
Seeking Temporary Protected Status requires detailed documentation and adherence to specific deadlines. Failure to provide documentation or meet the deadline can cause delays or denial of the application.
An experienced immigration lawyer can guide you through the eligibility requirements, documentation, and the application process.
For individuals from unstable or unsafe countries, TPS provides an opportunity for individuals to live safely in the U.S., continuing to work and provide for their families. The application process for TPS is crucial for the applicant.
Talk to a Miami, FL, Immigration Lawyer Today
Law Office of Wilfredo O. Allen, Esq. represents the interests of immigrants who are looking to come to the U.S. and stay legally. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.