Understanding Temporary Protected Status (TPS): Eligibility and Benefits
Temporary Protected Status (TPS) is a vital humanitarian program that allows individuals from designated countries to live and work in the United States when returning to their home country is unsafe. Whether due to ongoing armed conflict, natural disasters, or other extraordinary conditions, TPS offers eligible applicants a sense of security and stability.
What Is TPS?
TPS is a temporary immigration status granted to nationals of specific countries designated by the U.S. Department of Homeland Security (DHS). While TPS does not lead to permanent resident status or citizenship, it provides important protections, including:
- Protection from Deportation: TPS holders cannot be removed from the United States during the designated period.
- Work Authorization: Eligible individuals receive an Employment Authorization Document (EAD) to work legally in the U.S.
- Travel Authorization: TPS holders may apply for advance parole to travel internationally.
Eligibility Requirements for TPS
To qualify for TPS, applicants must meet the following criteria:
- Nationality: You must be a national of a designated TPS country or a person without nationality who last resided in a TPS-designated country.
- Continuous Physical Presence: You must have been continuously present in the U.S. since the date specified for your country.
- Continuous Residence: You must have continuously resided in the U.S. since the date specified for your country.
- Criminal Record: Applicants with certain criminal convictions or who pose a security risk are ineligible.
Current TPS-Designated Countries
DHS periodically reviews and updates the list of TPS-designated countries. Examples of countries often included are Venezuela, Haiti, and Ukraine. Check the latest updates to confirm if your country is currently designated.
- Completing and Submitting Form I-131: The applicant must provide accurate and complete information regarding their situation and the urgency of their case.
- Gathering Supporting Evidence: This includes medical records, affidavits from family members, letters from healthcare professionals, and any other documentation that substantiates the need for immediate entry into the U.S.
- Statement of Urgency and Support: A strong humanitarian parole application includes a well-prepared statement explaining why the applicant’s situation qualifies as an urgent humanitarian case.
- Financial Arrangements: Evidence that financial resources are available to support the individual during their stay, whether through family members or other means, is essential.
How to Apply for TPS
- Submit Form I-821: This is the Application for Temporary Protected Status.
- File Form I-765: If you want work authorization, submit this form with your application.
- Pay Application Fees: Fees vary based on age and application components.
- Provide Supporting Documents: Include proof of nationality, residence, and any additional required evidence.
Challenges and Considerations
- Re-registration Requirements: TPS holders must re-register during specific periods to maintain their status.
- Legal Representation: Errors in applications can lead to denials or delays. Working with an experienced attorney ensures accuracy and compliance.
How Susan V. Perez Law Offices Can Help
Navigating TPS applications requires a deep understanding of immigration law and current policies. The team at Susan V. Perez Law Offices has extensive experience helping clients in San Diego apply for and maintain TPS. We provide personalized guidance, ensuring your application is accurate and complete. Contact us today to secure your status and protect your future.
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