1. What is Temporary Protected Status (TPS) and how does it differ from asylum?

Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries facing ongoing armed conflict, environmental disasters, or other extraordinary conditions that prevent their safe return. TPS offers protection from deportation and allows recipients to work in the United States for a specific period. Unlike asylum, which is based on an individual’s fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group, TPS is granted to groups of individuals from specific countries experiencing temporary but significant challenges. TPS does not provide a pathway to permanent residency or citizenship, whereas individuals granted asylum may seek permanent residency and ultimately citizenship in the United States. Additionally, TPS is contingent on the designated country’s conditions improving, whereas asylum status is focused on the individual’s personal circumstances and fear of persecution.

2. Which countries currently have nationals eligible for TPS in the United States?

As of 2021, there are several countries whose nationals are eligible for Temporary Protected Status (TPS) in the United States. Some of the countries include:

1. El Salvador: Nationals of El Salvador have been able to obtain TPS in the United States due to ongoing conflict, environmental disaster, or other extraordinary conditions in their home country.

2. Honduras: Honduran nationals have also been granted TPS based on similar reasons as those from El Salvador, such as natural disasters or armed conflict.

3. Nepal: Following the devastating earthquake in Nepal in 2015, nationals of Nepal were designated for TPS in the U.S. to provide temporary relief and protection.

4. Syria: Due to the ongoing civil war and humanitarian crisis in Syria, Syrian nationals have been eligible for TPS to safeguard them from returning to dangerous conditions.

There are additional countries that may also have TPS designation based on changing circumstances and conditions that warrant temporary protection for their nationals residing in the United States. It’s important to stay updated on the latest information from the U.S. government regarding countries eligible for TPS.

3. How does someone qualify for TPS in the US?

To qualify for Temporary Protected Status (TPS) in the United States, an individual must meet certain criteria set by the U.S. government. Here are the general requirements:

1. Eligibility Country: The individual must be a national of a country designated for TPS by the Department of Homeland Security.

2. Continuous Physical Presence: The applicant must have been continuously physically present in the United States since the specific TPS designation date for their country.

3. Continuous Residence: In addition to physical presence, the applicant must have continuously resided in the U.S. since the TPS designation date.

4. No Felony Convictions: Individuals with certain criminal convictions are not eligible for TPS.

5. Not Inadmissible: The applicant must not be inadmissible to the U.S. on criminal or security grounds.

6. Timely Filing: The applicant must meet the deadline for filing the TPS application, typically within a specified registration period.

Meeting these eligibility requirements is crucial for individuals seeking Temporary Protected Status in the United States. It’s essential to consult an immigration attorney or a qualified legal advisor for personalized guidance on the TPS application process.

4. Can TPS holders work in the US?

Yes, Temporary Protected Status (TPS) holders are generally authorized to work in the United States. When an individual is granted TPS, they also receive employment authorization documentation which allows them to legally work in the country for the duration of their TPS designation. TPS holders must maintain their status and apply for renewal as required to continue working lawfully in the US. Additionally, they may also be eligible to apply for a Social Security Number (SSN) for employment purposes. It’s important for TPS holders to stay informed about any changes in immigration policies that may affect their ability to work in the US.

5. What benefits do TPS holders receive?

Temporary Protected Status (TPS) holders receive several key benefits, including:

1. Protection from deportation: TPS provides temporary relief from deportation for individuals from designated countries facing ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. This allows TPS holders to remain in the United States legally during the designated period.

2. Work authorization: TPS beneficiaries are eligible to obtain work authorization, allowing them to seek and maintain employment in the United States. This provides economic stability for TPS holders and allows them to contribute to the workforce.

3. Access to certain public benefits: While TPS does not provide a path to permanent residency or citizenship, TPS holders may be eligible for certain public benefits, such as driver’s licenses and in-state tuition, depending on the state they reside in.

4. Travel authorization: TPS holders can also apply for travel authorization to leave and reenter the United States during the period of their TPS designation. This allows them to visit family members in their home country or for other essential reasons without jeopardizing their TPS status.

5. Social Security benefits: TPS beneficiaries who have appropriate work authorization may also be eligible to receive Social Security benefits based on their work history and contributions while in the United States.

Overall, Temporary Protected Status provides crucial protections and benefits for individuals from designated countries facing temporary crises, allowing them to live and work in the United States without fear of deportation and providing them with opportunities for economic stability and integration into American society.

6. How long does TPS status typically last?

Temporary Protected Status (TPS) typically lasts for periods of 6 to 18 months, as determined by the Secretary of Homeland Security. The Secretary may extend or terminate TPS for designated countries based on an assessment of country conditions. Once a country’s TPS designation expires or is terminated, individuals with TPS from that country will revert to their previous immigration status unless they have another lawful basis to remain in the United States. It is important for TPS beneficiaries to stay informed about the status of their country’s designation and any updates from the Department of Homeland Security regarding the duration of their TPS eligibility.

7. Can TPS status be extended?

Yes, Temporary Protected Status (TPS) can be extended by the U.S. government for designated countries where conditions such as armed conflict, environmental disaster, or other extraordinary and temporary conditions prevent nationals from returning safely. The Department of Homeland Security has the authority to both designate countries for TPS and extend the status for existing beneficiaries. Extensions can vary in length and are issued based on an assessment of the current conditions in the affected country. TPS beneficiaries must re-register during designated periods to maintain their status and eligibility for extensions. The decision to extend TPS is based on a review of country conditions and the determination that it is still unsafe for nationals to return.

8. What happens if a TPS designation for a specific country is terminated?

If a Temporary Protected Status (TPS) designation for a specific country is terminated, several consequences may arise for individuals who were granted TPS from that country:

1. Loss of legal status: Once the TPS designation is terminated, individuals from that country will no longer have legal status to remain in the United States under the TPS program.

2. Ineligibility for work authorization: After the termination of the TPS designation, individuals will no longer be eligible to work legally in the United States under TPS-related employment authorization documents.

3. Risk of deportation: Individuals who were granted TPS from the terminated country may face the risk of deportation if they remain in the United States without an alternative legal status or protection.

4. Transition period: In some cases, there may be a transition period following the termination of TPS designation during which individuals can arrange their departure from the United States or seek alternative forms of immigration relief.

5. Options for legal status: Individuals affected by the termination of TPS designation may explore other immigration options available to them, such as applying for a different form of legal status or relief, if eligible.

Overall, the termination of a TPS designation for a specific country can have significant implications for individuals who were granted TPS from that country, and it is important for them to understand their rights, options, and obligations under immigration law during and after the termination process.

9. Can TPS holders apply for permanent residency?

No, Temporary Protected Status (TPS) holders are generally not able to directly apply for permanent residency solely based on their TPS status. TPS is a temporary humanitarian relief status typically granted to individuals from designated countries facing ongoing armed conflict, environmental disasters, or other extraordinary circumstances that make it unsafe for them to return to their home countries. TPS does not directly lead to permanent residency. However, TPS holders may be able to adjust their status to permanent residency through other means, such as marriage to a U.S. citizen, employer sponsorship, or other family-based or employment-based immigration options. It is important for TPS holders to consult with an immigration attorney or accredited representative to explore their options for obtaining permanent residency.

10. Are TPS beneficiaries protected from deportation?

Yes, TPS beneficiaries are protected from deportation while their temporary protected status is valid. This protection allows individuals to remain in the United States and work legally. However, it’s important to note that TPS is a temporary immigration status meant to provide relief for individuals from countries facing ongoing armed conflict, environmental disasters, or other extraordinary conditions. The protection from deportation is contingent on the beneficiaries meeting the eligibility requirements and maintaining their TPS status in good standing. If a TPS beneficiary fails to comply with the requirements or if their TPS designation is terminated, they may become subject to deportation proceedings. Overall, TPS does provide a level of protection from deportation as long as the individual maintains their status within the program’s guidelines.

11. What are the eligibility requirements for TPS renewal?

To be eligible for Temporary Protected Status (TPS) renewal, individuals must meet the following requirements:

1. They must have been continuously physically present in the United States since the most recent designation of their country for TPS.
2. They must have continuously resided in the United States since the date specified for their country.
3. They must not have any felony convictions or two or more misdemeanor convictions in the United States.
4. They must not be inadmissible under certain criminal or security-related grounds.
5. They must not be subject to any of the mandatory bars to TPS, such as engaging in persecution or in a previous TPS bar category.
6. They must apply for renewal within the designated time frame provided by U.S. Citizenship and Immigration Services (USCIS) and follow all necessary procedures for renewal.

It is essential for individuals seeking TPS renewal to carefully review the specific eligibility criteria for their country and to submit their renewal application on time to maintain their legal status in the United States.

12. Are TPS holders allowed to travel outside of the US?

Yes, Temporary Protected Status (TPS) holders are generally allowed to travel outside of the US with an Advance Parole document obtained from the US Citizenship and Immigration Services (USCIS). This document gives TPS holders permission to leave the US temporarily and return without impacting their status. However, it is important for TPS holders to carefully follow the guidelines for obtaining and using Advance Parole, including applying for it before traveling and ensuring it is approved prior to leaving the country. Traveling without Advance Parole may lead to the denial of reentry and potential loss of TPS status. TPS holders should also be aware of any specific restrictions or conditions that may apply to their individual circumstances.

13. Can TPS holders bring their family members to the US?

1. Yes, under certain circumstances, Temporary Protected Status (TPS) holders may be able to bring their eligible family members to the United States. Eligible family members typically include a TPS holder’s spouse and unmarried children under a certain age. The process for bringing family members to the US can vary based on the specific circumstances of each case and the immigration laws in place at the time.

2. TPS holders looking to bring their family members to the US should consult with an immigration attorney or a reputable legal service provider to understand their options and requirements. It is essential to follow the correct procedures and meet all the necessary criteria to ensure a smooth and lawful immigration process for family members.

14. Are TPS holders eligible for in-state tuition at colleges and universities?

Yes, TPS holders may be eligible for in-state tuition at colleges and universities, depending on the state’s regulations and policies. In some states, TPS holders are granted the same benefits as residents for tuition purposes, including eligibility for in-state tuition rates. However, it is important to note that this varies by state, and TPS holders should check with the specific college or university they are interested in attending to determine their eligibility for in-state tuition. Additionally, TPS holders should be aware of any federal or state financial aid opportunities they may qualify for to help cover the cost of tuition and other expenses while pursuing higher education.

15. Can TPS holders apply for a driver’s license?

Yes, Temporary Protected Status (TPS) holders are generally eligible to apply for a driver’s license in the United States. Each state sets its own requirements for obtaining a driver’s license, so TPS holders must check with their state’s Department of Motor Vehicles (DMV) to understand the specific requirements in their state. In most cases, TPS holders may need to provide documentation such as their TPS approval notice, a valid Employment Authorization Document (EAD), proof of residency in the state, and other relevant identification documents to apply for a driver’s license. Some states may also require additional documents or information, so TPS holders should consult their state’s DMV website or office for detailed instructions on applying for a driver’s license as a TPS holder.

1. TPS holders must have a valid TPS approval notice in order to apply for a driver’s license.
2. TPS holders may also need to present a valid Employment Authorization Document (EAD) when applying for a driver’s license.
3. It is important for TPS holders to check with their state’s Department of Motor Vehicles for specific requirements and documentation needed to obtain a driver’s license.

16. How does the TPS application process work?

The Temporary Protected Status (TPS) application process involves several key steps:

1. Eligibility Determination: Individuals must meet specific requirements set by the Department of Homeland Security to be eligible for TPS, including being a national of a designated country, meeting residency requirements, and filing within the designated registration period.

2. Application Submission: Applicants must complete and submit Form I-821, Application for Temporary Protected Status, along with supporting documentation to prove their identity, nationality, and continuous residence in the U.S.

3. Biometrics Appointment: After submitting their application, applicants are scheduled for a biometrics appointment at a local Application Support Center (ASC) to provide fingerprints, photographs, and signature.

4. Background Checks: The U.S. government conducts background checks on each applicant to ensure they meet the admissibility requirements for TPS.

5. Decision: USCIS will review the application and supporting documents to determine whether the applicant qualifies for TPS. If approved, the applicant will receive an Employment Authorization Document (EAD) and be granted temporary legal status.

6. Renewal: TPS status is typically granted for a designated period, after which individuals must apply for renewal if they wish to continue their protected status.

Overall, the TPS application process can be complex, and it is essential for applicants to carefully follow all instructions and deadlines to increase their chances of approval and maintain their legal status in the United States.

17. Are there any fees associated with applying for TPS?

Yes, there are fees associated with applying for Temporary Protected Status (TPS). As of 2021, the fee for initial TPS applications is $50. This fee covers the cost of processing the application and conducting background checks. Additionally, individuals applying for TPS may be required to pay for biometric services, which typically costs around $85. It’s important to note that these fees are subject to change, so applicants should check the most up-to-date fee schedule on the U.S. Citizenship and Immigration Services (USCIS) website before submitting their applications. In certain circumstances, individuals may request a fee waiver if they are unable to pay the required fees due to financial hardship.

18. Can TPS holders apply for a Social Security Number?

Yes, Temporary Protected Status (TPS) holders are eligible to apply for a Social Security Number (SSN) as long as they meet the necessary requirements. When applying for an SSN, TPS holders need to provide proof of their identity, lawful immigration status, and work authorization. This can be done by presenting their TPS approval notice, Employment Authorization Document (EAD), and other relevant identification documents to the Social Security Administration. Once their application is approved, TPS holders will be issued an SSN, which will allow them to legally work in the United States and access various benefits and services. It is important for TPS holders to apply for an SSN in a timely manner to ensure compliance with U.S. employment and tax regulations.

19. Are TPS holders eligible for Medicaid and other public benefits?

Yes, Temporary Protected Status (TPS) holders may be eligible for certain public benefits, including Medicaid, depending on the state in which they reside. The eligibility criteria for Medicaid vary by state, but generally, TPS holders who meet the income and residency requirements may qualify for this health coverage program. It is important to note that TPS does not automatically make someone eligible for public benefits, as each program has its own set of eligibility requirements that must be met. TPS holders should check with their state’s Medicaid office or a legal services provider specializing in immigrant rights to determine their eligibility for Medicaid and other public benefits. Additionally, recent changes in policies and regulations may impact TPS holders’ ability to access certain benefits, so staying informed and seeking legal advice is crucial.

20. How can organizations in Kansas support TPS holders and provide services to those in need?

Organizations in Kansas can support Temporary Protected Status (TPS) holders and provide services to those in need in several impactful ways:

1. Legal assistance: Organizations can provide legal guidance and support to TPS holders in navigating the complexities of immigration law, renewing their TPS status, and exploring potential pathways to legal permanent residency.

2. Advocacy and education: Organizations can engage in advocacy efforts to raise awareness about the challenges faced by TPS holders, advocate for their rights, and push for legislative solutions to provide them with more stable immigration status.

3. Access to social services: Organizations can connect TPS holders with essential social services such as healthcare, housing assistance, job training, and mental health support to help meet their basic needs and improve their quality of life.

4. Language and cultural support: Organizations can provide language assistance and cultural orientation programs to help TPS holders adapt to life in the United States and integrate into their communities more effectively.

5. Community outreach and engagement: Organizations can organize community events, workshops, and support groups to foster a sense of belonging among TPS holders, create a support network, and address their unique social and emotional needs.

By implementing these strategies, organizations in Kansas can play a vital role in supporting TPS holders and ensuring that they receive the necessary assistance and resources to thrive despite their uncertain immigration status.