1. What is Temporary Protected Status (TPS) and who is eligible for it?
Temporary Protected Status (TPS) is a designation provided by the United States government to individuals from certain countries that are temporarily unable to safely return to their home country due to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. Individuals granted TPS are allowed to stay and work in the United States for a designated period of time without fear of deportation.
Eligibility for TPS is usually granted to nationals of countries that have been designated for the program by the U.S. government due to the aforementioned conditions. To qualify for TPS, individuals must meet specific criteria set by the government, including being physically present in the U.S. during the designated registration periods, having continuously resided in the U.S. since a certain date, and not having a criminal record that poses a danger to public safety. Additionally, individuals must meet other specific requirements based on the conditions of their home country.
2. What countries currently have TPS designation?
As of November 2021, the countries that currently have Temporary Protected Status (TPS) designation from the United States are:
1. El Salvador
2. Haiti
3. Honduras
4. Nepal
5. Nicaragua
6. Somalia
7. South Sudan
8. Sudan
9. Syria
10. Venezuela
11. Yemen
These countries have been designated for TPS due to ongoing armed conflict, environmental disasters, or other extraordinary conditions that prevent their nationals from safely returning. TPS provides temporary, humanitarian relief to individuals from these countries who are already in the United States and cannot safely return home. It is important to note that TPS designations may change based on the conditions in each country, so it is advisable to stay updated on any developments related to TPS.
3. How long does TPS status last for individuals granted this protection?
Temporary Protected Status (TPS) status typically lasts for periods of 6 to 18 months at a time, depending on the specific designation made by the US government for a particular country in which conditions prevent its nationals from safely returning. The period of TPS is subject to renewal by the Secretary of Homeland Security, and individuals are required to re-register during specified registration periods to maintain their status. Once a country’s TPS designation is terminated, individuals with TPS status from that country will return to the immigration status they had before TPS, unless that status has expired, been terminated, or is otherwise invalid. Additionally, TPS beneficiaries may be eligible to apply for other immigration benefits or protections if they meet the requirements.
4. What are the eligibility criteria for TPS?
To be eligible for Temporary Protected Status (TPS), individuals must meet the following criteria:
1. Nationality: Applicants must be nationals of countries designated for TPS by the U.S. government.
2. Continuous Residence: They must have continuously resided in the United States since the specified TPS designation date for their country.
3. Adjudication of Inadmissibility: Individuals should not fall under any of the mandatory bars to TPS such as criminal convictions or security-related concerns.
4. Registration Period: Applicants must apply for TPS during the designated registration period specified by the U.S. Citizenship and Immigration Services (USCIS).
Meeting these eligibility criteria is essential for individuals seeking Temporary Protected Status in the United States and it’s crucial to carefully review the specific requirements outlined by the USCIS for each designated country.
5. Can someone apply for TPS if they are already in removal proceedings?
Yes, individuals who are already in removal proceedings can still apply for Temporary Protected Status (TPS) under certain circumstances. The ability to apply for TPS while in removal proceedings depends on the stage of the proceedings and whether the individual meets the eligibility requirements for TPS.
1. If an individual is in the midst of removal proceedings but has not yet been ordered removed by an immigration judge, they may be able to apply for TPS.
2. However, if the individual is already subject to a final removal order, they would ordinarily be ineligible to apply for TPS.
3. It is important for individuals in removal proceedings to consult with an experienced immigration attorney to determine the best course of action and explore any potential avenues for relief, including TPS. The attorney can assess the individual’s eligibility for TPS and provide guidance on how to proceed in their particular case.
6. Are there any criminal bars to receiving TPS?
Yes, there are certain criminal bars that can prevent someone from receiving Temporary Protected Status (TPS). These bars include:
1. Felony Convictions: Individuals with felony convictions are typically not eligible for TPS.
2. Involvement in Serious Crimes: Those who have been involved in serious crimes, such as drug trafficking or terrorism-related activities, may be barred from receiving TPS.
3. Outstanding Warrants: Individuals with outstanding warrants or who are currently on probation or parole may also be disqualified from TPS eligibility.
4. Inadmissibility: Criminal grounds of inadmissibility under U.S. immigration law can also serve as a bar to TPS.
It is important to note that each case is unique, and eligibility for TPS can vary depending on the specific circumstances of an individual’s criminal history. It is recommended to consult with an immigration attorney for personalized guidance on criminal bars to receiving TPS.
7. Can individuals with TPS work legally in the US?
Yes, individuals with Temporary Protected Status (TPS) are eligible to work legally in the United States. When granted TPS, individuals also receive work authorization which allows them to work lawfully in the U.S. This authorization is valid for the duration of their TPS status. In addition to being able to work legally, TPS recipients may also be eligible for certain benefits such as Social Security. It is important for TPS holders to maintain their status, including following the guidelines for re-registration, in order to continue their legal right to work in the U.S.
8. What documentation is required to apply for TPS?
In order to apply for Temporary Protected Status (TPS), specific documentation is typically required to support the application. This documentation may include:
1. Proof of identity: This can be in the form of a valid government-issued photo identification, such as a passport or driver’s license.
2. Evidence of nationality: Applicants may need to provide a birth certificate or other document proving their nationality from the designated TPS country.
3. Proof of residence: Documents such as utility bills, lease agreements, or other official paperwork showing the applicant’s address in the United States may be required.
4. Evidence of continuous physical presence: Applicants will need to demonstrate that they have continuously resided in the U.S. since the specified TPS designation date for their country.
5. Application forms: Applicants must complete and submit the necessary application forms, such as Form I-821 (Application for Temporary Protected Status), along with any other required forms.
6. Filing fees: There are typically fees associated with applying for TPS, though fee waivers may be available for those who qualify.
7. Any additional supporting documentation: Depending on the specific circumstances of the applicant, other documentation may be required to support their TPS application.
It is important for applicants to carefully review the requirements for TPS documentation for their particular situation and to ensure that they gather and submit all necessary paperwork to support their application.
9. Can someone with TPS travel outside of the US?
Yes, individuals with Temporary Protected Status (TPS) are generally allowed to travel outside of the United States with prior approval from the U.S. government. To travel outside of the U.S., TPS holders must apply for and receive advance parole, which is permission from the U.S. Citizenship and Immigration Services (USCIS) to leave and re-enter the country. It’s important for TPS holders to obtain advance parole before traveling internationally to avoid any potential issues with their immigration status upon re-entry.
1. TPS holders should carefully follow the application process for advance parole and ensure they have the necessary documentation before traveling.
2. Without advance parole, TPS holders risk losing their TPS status and may not be allowed back into the U.S. legally.
3. It’s advisable for TPS holders to consult with an immigration attorney or authorized legal service provider for guidance on the advance parole process and any potential risks associated with international travel.
4. Additionally, TPS holders should stay informed about any updates or changes to the TPS program that could impact their ability to travel outside of the U.S.
10. Can TPS beneficiaries apply for other immigration benefits or pathways to permanent residency?
Yes, Temporary Protected Status (TPS) beneficiaries may be eligible to apply for other immigration benefits or pathways to permanent residency. Here are some key points to consider:
1. Adjustment of Status: TPS beneficiaries may be eligible to adjust their status to become lawful permanent residents if they meet certain requirements, such as having an immediate relative who is a U.S. citizen or lawful permanent resident willing to sponsor them.
2. Family-sponsored immigration: TPS beneficiaries may be able to apply for family-sponsored immigration visas if they have a qualifying family member who is a U.S. citizen or lawful permanent resident willing to sponsor them.
3. Employment-based immigration: TPS beneficiaries with specialized skills or in-demand professions may be eligible for employment-based visas that could lead to permanent residency.
4. Asylum: TPS beneficiaries who fear returning to their home country may be eligible to apply for asylum, which could eventually lead to permanent residency.
5. Special Immigrant Juvenile Status: TPS beneficiaries who are under 21 years old and unmarried may be eligible for Special Immigrant Juvenile Status, which can lead to permanent residency.
It is important for TPS beneficiaries to consult with an immigration attorney or legal expert to explore their options and determine the best pathway to attain permanent residency. Each case is unique, and individual circumstances will play a significant role in determining eligibility for other immigration benefits or pathways to permanent residency.
11. What are the fees associated with applying for TPS?
The fees associated with applying for Temporary Protected Status (TPS) can vary depending on the individual’s circumstances. Generally, applicants are required to pay a Form I-821 application fee, a biometric services fee, and a fee for employment authorization if they wish to work while under TPS protection. Additionally, there may be other potential costs such as legal fees if the individual chooses to hire an immigration attorney to assist with the application process. It is important for applicants to carefully review the specific fee requirements provided by the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date information on TPS application fees.
12. Can TPS beneficiaries receive government assistance or benefits?
Yes, Temporary Protected Status (TPS) beneficiaries are eligible to receive some government benefits and assistance, provided they meet the specific eligibility requirements for each program. Some examples of government assistance programs that TPS beneficiaries may be eligible for include:
1. Social Security benefits.
2. Medicare.
3. Emergency medical assistance.
4. Supplemental Nutrition Assistance Program (SNAP) benefits.
5. Temporary Assistance for Needy Families (TANF).
6. Medicaid.
It is important for TPS beneficiaries to understand the eligibility criteria for each program and to apply for benefits accordingly. It’s also recommended to consult with an immigration attorney or a social service provider for guidance on accessing government assistance while on TPS status.
13. Can individuals with TPS be deported?
Yes, individuals with Temporary Protected Status (TPS) can potentially be deported if their TPS status is terminated by the Department of Homeland Security (DHS). There are several reasons why TPS could be terminated, including changes in country conditions, failure to meet eligibility requirements, or criminal conduct. If an individual’s TPS status is terminated, they may become deportable if they do not have any other legal basis to remain in the United States. It is important for individuals with TPS to stay informed about any changes to their status and to seek legal assistance if they are facing deportation proceedings.
14. Can TPS status be extended beyond the designated expiration date?
Yes, Temporary Protected Status (TPS) can be extended beyond the designated expiration date. The Secretary of Homeland Security has the authority to determine whether conditions in a TPS-designated country continue to warrant the designation, and may extend TPS for certain countries if the Secretary finds that the country’s conditions still support TPS designation. The extension of TPS status allows eligible individuals to continue residing and working in the United States until the new expiration date. It is important for individuals with TPS to stay informed about any updates or changes to their status and to comply with all necessary renewal requirements to maintain their protection under the program.
15. How does someone apply for TPS?
To apply for Temporary Protected Status (TPS), an individual must adhere to the following steps:
1. Check eligibility: The individual must review the TPS designation for their country on the U.S. Citizenship and Immigration Services (USCIS) website to ensure they meet the specific requirements.
2. Gather necessary documentation: The applicant needs to collect all required documents, such as identification, evidence of nationality, and proof of residence in the U.S. during the designated period.
3. Complete Form I-821: The applicant must fill out Form I-821, Application for Temporary Protected Status, which is available on the USCIS website.
4. Submit supporting forms: Depending on the individual’s situation, they may need to submit additional forms along with Form I-821, such as Form I-765 for work authorization.
5. Pay the filing fee: There is a fee associated with the TPS application process, but fee waivers are available for those who qualify.
6. Submit the application: Once all forms and supporting documents are prepared, the applicant must submit the complete package to USCIS either online or by mail, as per the instructions provided.
It is essential for individuals seeking TPS to follow these steps carefully and consult with an immigration attorney or accredited representative for guidance throughout the application process.
16. Are there any age restrictions for applying for TPS?
There are no specific age restrictions for applying for Temporary Protected Status (TPS) in the United States. Eligibility for TPS is primarily based on the individual’s country of origin and specific conditions in that country, such as ongoing armed conflict, environmental disasters, or other extraordinary circumstances that prevent safe return. Applicants must meet certain requirements, such as continuous physical presence in the U.S. since the designated TPS start date for their country, and must not have any disqualifying criminal convictions. Additionally, applicants must not be subject to any of the bars to TPS, such as having been convicted of certain crimes or being deemed a threat to national security. As long as an individual meets the eligibility criteria, they can apply for TPS regardless of their age.
17. Can someone be denied TPS based on their immigration history or previous violations?
1. Yes, someone can be denied Temporary Protected Status (TPS) based on their immigration history or previous violations. When applying for TPS, immigration authorities will review the applicant’s entire immigration record to determine if they meet the eligibility requirements. If an individual has a history of certain immigration violations or criminal offenses, it can impact their TPS application.
2. Common reasons for denial based on immigration history include previous removal orders, visa overstay, or entering the country without inspection. Additionally, individuals with serious criminal convictions may be ineligible for TPS.
3. It is important for applicants to disclose any past immigration violations or criminal history on their TPS application. Failure to do so can result in denial or even deportation if the information is discovered later.
4. However, each case is unique and may be subject to individual discretion. It is recommended for individuals with complicated immigration histories to seek the advice of an immigration attorney when applying for TPS to assess their eligibility and address any potential issues that may arise.
18. Can individuals with TPS petition for family members to also receive TPS?
Yes, individuals with Temporary Protected Status (TPS) can petition for eligible family members to also receive TPS. Family members who may be eligible include the spouse and unmarried children under 21 of the TPS beneficiary. In order to petition for their family members to receive TPS, the TPS holder must file the necessary forms and evidence with the United States Citizenship and Immigration Services (USCIS). It’s important for the TPS holder to meet all the requirements and deadlines set by USCIS and provide accurate information to support their application for their family members. Upon approval, the family members will also be granted Temporary Protected Status, allowing them to live and work legally in the United States for the designated period.
19. What is the difference between TPS and Deferred Enforced Departure (DED)?
Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) are both forms of temporary relief from deportation or removal from the United States, but they have some key differences. Firstly, TPS is a designated status that is granted to individuals from certain countries experiencing ongoing armed conflict, environmental disaster, or other extraordinary conditions that make it unsafe for them to return home. On the other hand, DED is a discretionary, humanitarian relief granted by the President to individuals from certain countries due to political or environmental factors. Secondly, TPS is authorized by Congress and administered by the Department of Homeland Security, while DED is granted solely at the discretion of the President. Additionally, while TPS grants recipients temporary protection from removal and work authorization, DED may grant similar benefits but for a different period of time or under different conditions. Overall, the main differences lie in the eligibility criteria, governmental authority, and flexibility in decision-making between TPS and DED.
20. How does someone maintain TPS status and stay in compliance with the regulations?
To maintain Temporary Protected Status (TPS) and stay in compliance with regulations, individuals must adhere to specific requirements set by the U.S. Citizenship and Immigration Services (USCIS):
1. Promptly re-register during designated periods: TPS recipients must timely file for re-registration during specified periods announced by USCIS.
2. Continuous physical presence: Individuals must continue to reside in the U.S. throughout the designated TPS period unless granted permission to travel abroad.
3. Avoid criminal convictions: TPS beneficiaries should refrain from committing any serious criminal offenses that could jeopardize their status.
4. Adhere to employment regulations: TPS recipients are required to maintain valid work authorization and comply with any employment restrictions imposed by USCIS.
5. Keep USCIS informed: Individuals must notify USCIS of any changes in address or other significant personal details to ensure they receive important correspondence.
By following these guidelines and fulfilling all necessary obligations, individuals can maintain their TPS status and remain in compliance with U.S. immigration regulations.