1. What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a temporary immigration program that allows qualifying individuals from designated countries to live and work legally in the United States for a designated period of time. It was created by the Immigration Act of 1990 and is administered by the U.S. Citizenship and Immigration Services (USCIS).

2. What is the purpose of TPS?

The purpose of TPS is to provide a safe haven for individuals who are unable to return to their home countries due to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. TPS aims to protect eligible individuals from being deported back to unsafe or unstable situations.

3. Who is eligible for TPS?

To be eligible for TPS, an individual must:

– Be a citizen of a country designated for TPS
– Meet certain continuous residence and physical presence requirements
– Register during the announced registration period or meet specific late registration criteria
– Pass background checks
– File an application and pay all required fees

It is important to note that not everyone from a designated country will automatically qualify for TPS; eligibility depends on specific factors such as current immigration status and criminal history.

4. How does a country become designated for TPS?
A country can be designated for TPS if there is an ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that prevent its citizens from safely returning home. The decision to designate a country is made by the Secretary of Homeland Security after consultation with appropriate agencies, in accordance with statutory criteria outlined in the Immigration and Nationality Act.

5. What benefits do TPS recipients receive?
Individuals granted TPS receive protection against deportation, work authorization, and may be allowed to travel outside of the U.S. with prior authorization from USCIS. They may also be eligible to apply for certain federal benefits such as Medicaid and Social Security Disability Insurance.

6. How long does TPS last?
TPS can be granted for a period of 6, 12 or 18 months at a time. The initial designation and each subsequent extension is determined by the Secretary of Homeland Security.

7. Can TPS recipients adjust to permanent resident status?

Generally, individuals with TPS are not eligible to adjust to permanent resident status based solely on their TPS status. However, they may be eligible for adjustment through other means if they meet the specific requirements.

8. Can TPS be terminated?
Yes, TPS can be terminated by the Secretary of Homeland Security if it is determined that conditions in the designated country have sufficiently improved to allow its citizens to safely return home. TPS recipients are given notice beforehand and are allowed a certain amount of time to arrange for their departure or seek other immigration benefits.

9. Can an individual who has been deported or removed from the U.S. qualify for TPS?
No, individuals who have been deported or removed from the U.S. cannot qualify for TPS.

10. Is there a fee for applying for TPS?
Yes, there are fees associated with applying for and maintaining TPS status. These fees may vary depending on individual circumstances and country of origin; applicants should consult with USCIS for specific fee information.

2. How do I apply for Temporary Protected Status (TPS)?

To apply for Temporary Protected Status (TPS), you will need to complete and submit Form I-821, Application for Temporary Protected Status, along with any required supporting documents and fees. The specific requirements and application deadlines for TPS may vary depending on your country of nationality or qualifying eligibility criteria. It is important to check the USCIS website or consult with an immigration attorney for updated information and instructions. In general, the following steps are required to apply for TPS:

1. Determine your eligibility: First, make sure you meet all the requirements for TPS based on the designated country list and eligibility criteria set by the Department of Homeland Security (DHS). You must be a national of a designated country or who last resided in the designated country (depending on the particular TPS designation), and meet other specific requirements such as continuous residency in the US since a certain date, physical presence in the US at the time of filing, and good moral character.

2. Gather necessary documents: Along with Form I-821, you will also need to submit supporting documents to prove your eligibility for TPS. These may include evidence of identity (such as a passport), evidence of nationality or country of last residence, evidence of continuous residence in the US since a certain date, evidence of physical presence at time of filing, and other relevant documentation.

3. Complete Form I-821: Download Form I-821 from USCIS website and make sure to fill it out completely and accurately. Any incomplete or incorrect information can lead to delays or denial of your application.

4. Pay fees: There is a filing fee associated with Form I-821, which includes both the application fee and biometric services fee (for fingerprinting). You may be eligible for a fee waiver if you can demonstrate financial hardship.

5. File your application: Once you have completed all necessary forms and gathered supporting documents, send your entire application packet by mail to the appropriate USCIS Lockbox. Make sure to send your application via certified mail with return receipt requested.

6. Wait for a decision: After you file your TPS application, USCIS will review it and determine if you meet all eligibility requirements. If you are eligible, USCIS will grant you TPS and provide an employment authorization document (EAD) which allows you to work legally in the US during the designated TPS period. If your application is denied, USCIS will provide an explanation for the decision and may give you an opportunity to appeal.

7. Maintain your TPS: Once granted TPS, it is important to maintain your status by following all rules and regulations set by DHS, such as registering for annual re-registration or filing for a new EAD when necessary.

It is also important to keep track of updates and notices from USCIS regarding TPS and any changes in eligibility or designation of countries.

3. What countries currently have Temporary Protected Status (TPS)?

As of December 2021, the following countries currently have Temporary Protected Status (TPS) designation:

1. El Salvador
2. Haiti
3. Honduras
4. Nepal
5. Nicaragua
6. Somalia (expired, but current beneficiaries may still have work authorization)
7. South Sudan (expired, but current beneficiaries may still have work authorization)
8. Sudan (expired, but current beneficiaries may still have work authorization)
9. Syria (expired, but current beneficiaries may still have work authorization)
10. Venezuela

The TPS designation for Yemen was terminated effective September 3, 2021.

Note: This list is subject to change as TPS designations can be extended or terminated by the U.S. government at any time. It is important to regularly check for updates on the USCIS website or consult with an immigration attorney for the most up-to-date information.

4. How long does Temporary Protected Status (TPS) remain in effect?

Temporary Protected Status (TPS) remains in effect until the designated status is terminated by the government. This termination can occur for a variety of reasons, such as if the country of origin conditions improve and individuals are able to return safely or if the government decides to end the designation for other reasons. TPS recipients should monitor updates from the government and be prepared for potential changes in their status.

5. Are there any benefits associated with Temporary Protected Status (TPS)?

Yes, there are several benefits associated with Temporary Protected Status (TPS):

1. Protection from deportation: The primary benefit of TPS is that it protects individuals from being deported to their home country while they are granted temporary permission to stay in the United States.

2. Work authorization: TPS beneficiaries are eligible to receive a work permit, allowing them to legally work in the United States during their designated period of protection.

3. Travel authorization: TPS beneficiaries can apply for travel documents that allow them to travel outside of the country and return without losing their protected status.

4. In some cases, eligibility for Social Security benefits: While TPS recipients are not eligible for federal means-tested public benefits programs such as Medicaid or Food Stamps, some may be eligible for Social Security benefits if they meet certain criteria, such as having worked in the U.S. before receiving TPS.

5. Driver’s licenses: Many states allow TPS beneficiaries to apply for driver’s licenses and state identification cards.

6. Reunification with family members: Some individuals granted TPS may also be able to petition for qualifying family members to join them in the U.S., either through a process called “follow-to-join”, or by applying for derivative status.

7. Ability to obtain certain immigration benefits: While TPS does not provide a path to permanent resident status on its own, some beneficiaries may be eligible for other immigration benefits based on factors such as marriage, employment, or refugee/asylum status.

6. What are the criteria for granting Temporary Protected Status (TPS)?

The criteria for granting Temporary Protected Status (TPS) are:

1. The country of origin is designated by the U.S. government as eligible for TPS based on conditions such as ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that prevent nationals from returning safely to their home country.

2. The individual must be a national of the designated country or have no nationality but last resided in the designated country.

3. The individual must have been continuously physically present in the United States since the effective date of the TPS designation.

4. The individual must have continuously resided in the United States since a specified date, usually the date of designation of TPS for their country.

5. The individual must not have any felony convictions or two or more misdemeanors in the United States.

6. The individual must not be subject to certain bars to asylum, such as having participated in persecution or having committed a particularly serious crime outside the United States.

7. The individual must not be subject to mandatory bars to admissibility, such as being an undocumented immigrant with previous unlawful entry into the United States.

8. The individual must register for TPS during designated registration periods or within a specified time if they do not have current TPS status.

9. The individual must pay all required fees or submit a fee waiver request.

10. The individual may be required to undergo biometric and background checks before being granted TPS status.

7. What documents are required to apply for Temporary Protected Status (TPS)?

If you are applying for Temporary Protected Status (TPS), you will need to submit the following documents:

1. Form I-821 – Application for Temporary Protected Status
2. Form I-765 – Application for Employment Authorization (optional, if you want to work in the U.S.)
3. Filing fee or Fee Waiver Request (Form I-912), if applicable
4. Biometric Services Fee, if applicable
5. Copy of government-issued photo identification document (such as a passport or driver’s license)
6. Two passport-sized photos
7. Evidence of nationality, such as a copy of your passport or birth certificate
8. Evidence of continuous residence in the U.S. since the designated TPS country was granted TPS status
9. Evidence of continuous physical presence in the U.S.
10. If you currently have or are applying for immigration benefits, evidence of those applications or approvals
11. If you have been arrested or convicted of any crimes, evidence of those incidents
12. If you are seeking employment authorization, evidence of your individual eligibility for employment authorization

It is important to carefully review the requirements and instructions provided by USCIS to ensure that all necessary documents and forms are included with your TPS application.

8. When does Temporary Protected Status (TPS) expire?

TPS typically expires after a designated period of time, but it can also be ended earlier if the conditions in the country improve, or extended if conditions do not improve. The expiration date for TPS is announced by the Department of Homeland Security (DHS) and can be found on the USCIS website. It is important to note that TPS does not provide a path to permanent residence or citizenship, so individuals must reapply for TPS each time their status expires.

9. What happens if my Temporary Protected Status (TPS) is terminated?

If your Temporary Protected Status (TPS) is terminated, you will lose your protected status and the ability to legally live and work in the United States. You will no longer be eligible for employment authorization, and any existing work permits or EADs will become invalid. Depending on your immigration status before being granted TPS, you may be required to leave the country. If you choose not to leave voluntarily, you may face deportation proceedings.

It is important to note that individuals with terminated TPS are still expected to comply with all U.S. immigration laws and regulations until they depart the country. Failure to do so could result in further immigration consequences.

If your TPS is terminated, you may be eligible for other forms of relief, such as applying for asylum or another type of visa. It is recommended that you speak with an experienced immigration attorney to understand all of your options in this situation.

10. Are there any risks associated with applying for Temporary Protected Status (TPS)?

Applying for TPS may involve some risks. If you are currently undocumented, there is a chance that you could be placed in removal proceedings if your TPS application is denied. This could result in being detained by immigration authorities and potentially deported from the United States. It is important to consult with an immigration lawyer before applying for TPS to assess your individual case and determine if it is safe for you to apply. Additionally, depending on your country of origin, there may be political or social consequences for requesting TPS. It is important to research potential risks before deciding to apply.

11. Can I still be deported with Temporary Protected Status (TPS)?

Yes, it is possible to be deported with Temporary Protected Status (TPS). TPS is a temporary form of relief from deportation that is granted to qualifying individuals from designated countries experiencing certain temporary conditions, such as ongoing armed conflict or a natural disaster. It does not provide a path to permanent residency or citizenship and can be revoked by the government at any time. If your TPS status is terminated, you may be subject to deportation proceedings if you are otherwise ineligible for another form of immigration relief or protection. It’s important to stay informed about changes in TPS statuses and maintain proper documentation and compliance with all requirements to avoid being placed in deportation proceedings.

12. Are there any restrictions on travel with Temporary Protected Status (TPS)?

Yes, there are some restrictions on travel with Temporary Protected Status (TPS). TPS beneficiaries are authorized to travel internationally, but they must apply for and receive a travel document, such as a refugee travel document or advance parole document, from U.S. Citizenship and Immigration Services (USCIS) before departing the United States. It is important for TPS beneficiaries to have a valid travel document before leaving the country, as they may not be able to re-enter the U.S. without it. Additionally, travelling to certain countries may have an impact on TPS status eligibility. TPS beneficiaries should consult with an immigration attorney or USCIS for specific guidance on their particular circumstances.

13. Can I apply for a green card while on Temporary Protected Status (TPS)?

No, TPS does not provide a pathway to permanent residence or a green card. TPS holders must maintain their status and may need to re-register for TPS periodically to continue living and working legally in the United States. However, TPS holders may be eligible for certain other immigration benefits, such as asylum or adjustment of status through a family member or employer, if they meet the eligibility requirements.

14. How do I renew my Temporary Protected Status (TPS)?

If you have been granted Temporary Protected Status (TPS), you may need to renew your status periodically in order to continue benefitting from its protections. The process for renewing your TPS may vary depending on your specific case, but generally involves the following steps:

1. Check eligibility: Determine if you are eligible for TPS renewal. This will depend on a variety of factors including if the country designated for TPS has been extended, if you have continuously resided in the US since initial TPS designation, and if you meet all other eligibility requirements.

2. Complete Form I-821 and supporting documentation: If you are eligible for TPS renewal, you will need to complete Form I-821, Application for Temporary Protected Status, and submit it along with any required supporting documents. These documents may include evidence of identity and nationality, evidence of continuous residence in the US, and proof of current employment or school enrollment.

3. Pay filing fees: As of 2021, the filing fee for Form I-821 is $50. You may also be required to pay an $85 biometric services fee.

4. Submit application package: Once completed and signed, submit your application package and all required documents to USCIS by mail or electronically.

5. Wait for decision: USCIS will review your application and make a decision on whether to approve or deny your request for TPS renewal.

6. Reapply before deadline (if necessary): If your request for TPS renewal is denied, you may be given a certain period of time to reapply before your current status expires.

It is important to note that each individual case may differ slightly in terms of required documentation and eligibility requirements, so it is best to consult with an immigration attorney or refer to USCIS’s website for specific instructions related to your situation. Additionally, it is recommended that you start the renewal process at least six months before the expiration date of your current TPS.

15. What is the process for applying for work authorization with Temporary Protected Status (TPS)?

The process for applying for work authorization with Temporary Protected Status (TPS) may vary slightly depending on your country of origin. However, the general steps are as follows:

1. Determine if you are eligible for TPS: First, you need to make sure your country has been designated for TPS by the U.S. government and that you meet all eligibility requirements.

2. Complete Form I-821: The Application for Temporary Protected Status (TPS) is the main form used to apply for TPS. You must fill out this form completely and accurately.

3. Pay the filing fee: As of 2021, the filing fee for Form I-821 is $50.

4. Submit supporting documents: You will need to provide evidence to support your eligibility for TPS, such as proof of nationality or identity and evidence that you have been continuously residing in the U.S. since the designated TPS start date.

5. File Form I-765 for work authorization: If you want to apply for work authorization while under TPS, you will also need to fill out Form I-765, Application for Employment Authorization.

6. Pay the filing fee: The current filing fee for Form I-765 is $410 (this includes an $85 biometric services fee).

7. Submit additional supporting documents: Along with your Form I-765, you will need to provide evidence of your immigration status and proof that you are currently in the U.S.

8. Mail all forms and fees together: You must submit all forms and fees together in one envelope to the address listed on the USCIS website.

9. Wait for a decision: USCIS will review your application and send a notice regarding their decision within 90 days.

10. Attend fingerprint appointment (if required): If prompted by USCIS, you will need to attend a biometrics appointment at a designated location to have your fingerprints taken.

11. Attend interview (if required): In some cases, USCIS may request an interview to further review your application.

12. Receive work authorization card: If your TPS and work authorization applications are approved, you will receive a work authorization card valid for the duration of your TPS status.

It’s important to note that the process for applying for TPS and work authorization can be complex and may vary depending on individual circumstances. It is recommended to consult with an immigration attorney or trusted legal professional for assistance in this process.

16. What are the consequences of overstaying a visa or not following the terms of a visa?

The consequences of overstaying a visa or not following the terms of a visa depend on the country in which you are visiting and their immigration laws. In general, however, the consequences may include:

1. Fines: Depending on how long you have overstayed your visa or how serious the violation is, you may be required to pay fines.

2. Deportation: Overstaying a visa or violating its terms can lead to deportation back to your home country. This could result in future difficulties in obtaining visas for that country in the future.

3. Ban from entering the country: In some cases, an individual who has overstayed their visa or violated its terms may be banned from entering the country for a certain period of time.

4. Difficulty in obtaining visas for other countries: If you have been deported or have violated immigration laws, it could make it difficult for you to obtain visas for other countries as they may view you as a high-risk applicant.

5. Risk of arrest and detention: In some cases, individuals who have overstayed their visas may be at risk of being arrested and detained until they can be deported.

6. Negative impact on immigration status: Overstaying a visa or violating its terms could also negatively affect your ability to obtain future visas or permanent residency in that particular country.

It is important to always adhere to the terms and conditions of any visa granted to avoid facing any negative consequences.

17. What is the difference between voluntary and involuntary deportation?

Voluntary deportation is when a person chooses to leave a country on their own accord, either due to personal reasons or as part of a deportation agreement with the government. Involuntary deportation, also known as forced removal, is when someone is ordered by the government to leave the country against their will. This can happen for various reasons, such as violating immigration laws or committing a crime that makes them eligible for deportation.

18. What are the rights of someone facing deportation?

1. Right to a Hearing: Anyone facing deportation has the right to a hearing before an immigration judge.

2. Right to an Attorney: If you are unable to afford an attorney, you have the right to be provided with one at the government’s expense.

3. Right to Review Your Immigration File: You have the right to review and obtain copies of your immigration file and any evidence that will be used against you in court.

4. Right to Present Evidence: You have the right to present evidence in your defense and call witnesses on your behalf.

5.Right Against Self-Incrimination: You have the right to remain silent and not incriminate yourself during immigration proceedings.

6. Right to Challenge Evidence and Witnesses: You have the right to challenge any evidence or witnesses presented by the government.

7. Right to Appeal: If you disagree with the decision made by the immigration judge, you have a right to appeal to a higher court.

8. Right Against Discrimination: You cannot be discriminated against based on race, religion, nationality, or political views during immigration proceedings.

9. Right to a Reasonable Bond: If you are detained during your deportation proceedings, you have the right to request a bond hearing before an immigration judge.

10. Right Against Prolonged Detention: Generally, individuals facing deportation cannot be held for longer than six months if there is no reasonable expectation that they will be deported in that time frame.

11. Right of Due Process: The government must follow specific procedures outlined by law when initiating and carrying out deportation proceedings.

12. Right of Notice: The government must provide notice of charges against you and any hearings or deadlines regarding your case.

13.Right To Challenge Removal Grounds -You have the opportunity to challenge whether you are actually removable from the United States under federal law or whether you qualify for any form of relief from removal (such as asylum).

14.Right To Apply For Relief -U.S. law provides various forms of relief from removal for eligible individuals. These include voluntary departure, asylum, cancellation of removal and adjustment of status.

15.Right to Findings – An Immigration Judge must make specific findings regarding the charges against you and any eligibility you may have for relief from removal under U.S. law.

16.Right To Be Considered For Discretionary Relief – Although there are certain bars to relief under U.S. law, in some cases your criminal history will not automatically disqualify you from many forms of relief or protection.

17.Right to a Safe Country of Return -U.S. agreements with other countries often prevent the United States from removing individuals who would face torture or being sent to any country other than their own.

18.Right to Assistance Paid by the Government as Necessary – If you are unable or unwilling to afford an attorney at no cost to yourself, an Immigration Court can appoint counsel for you at government expense if it is determined that you are financially unable to obtain representation on your own behalf
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19. Are there any legal options for someone facing deportation?

Yes, there are legal options for someone facing deportation. These options may include:

1. Applying for Asylum: If a person fears returning to their home country due to persecution based on their race, religion, nationality, political opinion, or membership in a particular social group, they may be eligible for asylum.

2. Adjustment of Status: If a person is already in the United States with a valid visa or has an immediate family member who is a U.S. citizen or permanent resident, they may be able to adjust their status and apply for a green card.

3. Cancellation of Removal: This option is available for certain individuals who have been living in the U.S. for at least 10 years and can demonstrate that their deportation would cause extreme hardship to themselves or their U.S. citizen or permanent resident spouse, parent, or child.

4. Voluntary Departure: In some cases, individuals facing deportation may choose to leave the U.S. voluntarily instead of going through the deportation process. This can potentially have fewer negative consequences on future immigration applications.

5. Deferred Action: This option allows certain individuals with pending removal orders to temporarily stay in the U.S. with work authorization.

6. Legal Appeals: It is possible to challenge a deportation order by filing an appeal with the Board of Immigration Appeals (BIA) or submitting a petition for review to the circuit court.

It is recommended that anyone facing deportation consults with an experienced immigration attorney to discuss which option may be best suited for their specific situation.

20. How can an immigration lawyer help with deportation proceedings?

1. Explaining the deportation process: An immigration lawyer can navigate you through the complex deportation process and explain every step to you in detail.

2. Identifying defenses: An experienced immigration lawyer can evaluate the unique facts of your case and identify any possible defenses that could prevent your deportation or removal from the country.

3. Preparing evidence and documentation: A lawyer can help gather and organize the necessary documents and evidence to support your case, such as proof of residency, strong ties to the community, or family hardship.

4. Representing you in court: A lawyer can serve as your legal representative in all court proceedings related to your deportation case, including bond hearings, master calendar hearings, and individual hearings.

5. Negotiating with prosecutors: If there are any criminal charges or convictions involved in your deportation proceedings, a lawyer can negotiate with prosecutors for a reduced sentence or alternative sentencing that could avoid triggering deportation.

6. Filing relief applications: Depending on your specific situation, an immigration attorney may be able to file various applications for relief from removal, such as asylum, cancellation of removal or waivers.

7. Handling appeals: If you have received a negative decision from an immigration judge or government agency, a lawyer can help with filing an appeal and represent you in appellate court.

8. Providing emotional support: Deportation proceedings are incredibly stressful and can take an emotional toll on individuals and families. A compassionate immigration lawyer will offer emotional support throughout the process.

9. Understanding changing laws: Immigration laws are constantly changing and can be complex to understand without proper legal knowledge. An experienced lawyer stays updated with any recent changes to ensure that their clients receive the best representation possible.

10. Assisting with voluntary departure: In some cases, it may be in an individual’s best interest to leave the country voluntarily rather than facing forced removal. An immigration lawyer can assist with filing for voluntary departure and avoiding certain penalties associated with deportation orders.

11. Engaging in negotiations: A skilled immigration lawyer can negotiate with government officials and immigration officers to potentially have your deportation case closed or terminated.

12. Advising on potential consequences: An attorney can advise you of the potential long-term consequences of a deportation order, such as being barred from re-entering the country for a certain period.

13. Providing language support: If you are not fluent in English, an immigration lawyer can provide language support during all proceedings to ensure that you understand everything that is happening and can communicate effectively.

14. Protecting your rights: An experienced attorney will make sure that your constitutional rights are fully protected throughout the deportation process, including due process and fair treatment.

15. Advocating on your behalf: A lawyer can gather letters of support from community members, employers, or others who can speak to your positive character and contributions to the community, which may help in advocating for a favorable outcome.

16. Crafting a strong legal strategy: Each deportation case is unique, and a skilled lawyer will develop a strong legal strategy tailored to your specific situation to increase your chances of success.

17. Facilitating communication with authorities: Sometimes there may be communication breakdowns with law enforcement or government officials during deportation proceedings. An immigration lawyer can act as a mediator and facilitate effective communication between you and these authorities.

18. Attending required hearings with you: Having an experienced immigration lawyer by your side at every hearing can be reassuring and give you peace of mind that someone is fighting for you.

19. Answering questions about future eligibility for immigration benefits: If you are facing deportation but also want to pursue other forms of relief in the future, an attorney can advise you on how this current case could affect any future applications for visas or green cards.

20. Providing post-deportation assistance: In some cases, individuals may be eligible to return to the United States after being deported if certain conditions are met. An immigration lawyer can assist with this process and help you determine your options for re-entry.