If you are living in the United States and worried about deportation because of dangerous conditions in your home country, it’s important to be informed about Temporary Protected Status. Continue reading for more information, and contact a knowledgeable Queens Temporary Protected Status lawyer today.
What is Temporary Protected Status in the U.S.?
Temporary Protected Status (TPS) is a temporary immigration status granted by the United States Department of Homeland Security (DHS) to eligible nationals of designated countries who are already in the United States. This program was created under the Immigration and Nationality Act (INA) § 244.
Designation is based on conditions in the country that temporarily prevent the country’s nationals from returning safely, or, in certain circumstances, where the foreign country is unable to handle the return of its nationals adequately. The qualifying conditions for designation often fall into three categories: ongoing armed conflict (such as a civil war), environmental disaster (like an earthquake or hurricane), or other extraordinary and temporary conditions.
Individuals granted TPS are protected from deportation and are eligible to obtain an Employment Authorization Document (EAD) and a travel document. This allows beneficiaries to live and work legally in the U.S. for a designated period, which is typically 18 months, and can be extended.
Can TPS Lead to a Green Card?
No, Temporary Protected Status does not directly lead to permanent residency or a green card. TPS is a temporary humanitarian relief that shields beneficiaries from deportation and grants work authorization; it does not offer a path to lawful permanent resident status.
However, TPS status does not prevent an individual from pursuing other available options to obtain a green card. For example, a TPS holder may be able to adjust their status if they qualify through a family-based petition, such as marriage to a U.S. citizen, or an employment-based visa, given that they meet all the eligibility requirements for that specific immigration category. TPS alone does not count as a lawful admission for adjustment of status. However, some TPS holders who travel with advance parole and reenter the U.S. lawfully may become eligible to adjust status if they otherwise qualify. An important factor is that the adjustment is based on an independent qualifying relationship or petition, not on the TPS designation itself.
How Do I Apply for TPS?
To apply for Temporary Protected Status, you must first ensure your home country has been designated for the program and that you meet the eligibility requirements, including continuous physical presence in the U.S. since the designation date.
To apply, file Form I-821, the Application for Temporary Protected Status, with U.S. Citizenship and Immigration Services (USCIS). You should also file Form I-765, Application for Employment Authorization, if you wish to obtain a work permit. Include all required supporting documentation, such as proof of identity, nationality, date of entry, and continuous residence. Applications must be filed during the initial registration period or during a re-registration period if the country’s designation is extended.
Check the USCIS website for specific deadlines and filing fees, and do not hesitate to contact an experienced attorney for legal advice.
