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The Temporary Protected Status (TPS) is a humanitarian program administered by U.S. Citizenship and Immigration Services (USCIS) that allows certain foreign nationals to legally remain and work in the country, even without an immigrant visa.
The program was established to temporarily protect individuals who cannot safely return to their home countries due to adverse conditions such as natural disasters, armed conflicts, widespread violence, epidemics, or other extraordinary circumstances in their countries of origin.
TPS is not permanent and does not directly lead to permanent residency (Green Card) or citizenship. Still, it does offer a haven during the period designated by the Department of Homeland Security (DHS). The renewal of TPS depends on DHS’s decision to extend the country’s designation. Beneficiaries must stay informed about DHS announcements and renew their status before expiration. If the TPS designation for a country is terminated, beneficiaries must explore other immigration options or prepare to return to their country of origin.
It is important to remember that the Secretary of Homeland Security has the authority to designate a country for TPS for an initial period of up to 18 months and extend that designation for additional periods. Likewise, the Secretary can terminate a country’s designation at any time.
• Be a citizen of a designated country. Currently, 12 countries are eligible: El Salvador, Guatemala, Haiti, Honduras, Liberia, Nepal, Nicaragua, Somalia, Syria, Ukraine, and Venezuela.
• Have continuously resided in the U.S. since the country’s designation date or the later specified date.
• Register for the TPS program during the initial or a subsequent late registration period.
• Have not committed any firearm-related severe crimes or been convicted of three or more misdemeanors.
1. Permission to live and work legally in the U.S.
2. The possibility of renewing TPS every 18 months.
3. Authorization to travel and return to the U.S.
4. Access to certain federal benefits, such as Social Security and Medicare.
5. Protection from deportation while TPS status is valid.
Here is a list of the basic steps to apply for TPS:
Eligibility Verification: Confirm if your country of origin is currently designated for TPS and if you meet specific requirements, such as arrival date and continuous residence in the U.S.
Document Preparation: Gather the necessary documents to prove your identity, nationality, date of arrival in the U.S., and evidence of continuous residence there.
Complete Form I-821: Fill out Form I-821, Application for Temporary Protected Status, available on USCIS’s official website.
Pay the Fees: Pay the required application fees, which include the filing fee and, in some cases, a biometric fee if necessary.
Submit the Application: Send your complete application to USCIS by mail or online, following the instructions provided in the form and on the official website.
Biometrics and Interview (if necessary): If biometrics (fingerprinting and photography) are required, schedule an appointment at a USCIS application center. In some cases, an interview may be necessary.
Wait for Decision: Once the application is submitted and any additional steps are completed, wait for USCIS’s decision on your TPS application.
Renewal (if necessary): If your application is approved, keep your TPS status current by renewing your application according to the timelines set by USCIS.
For detailed information or updates on how to apply for TPS, consult the official USCIS website or seek qualified legal advice if you have specific questions or circumstances.
Under Temporary Protected Status (TPS) in the U.S., eligible beneficiaries can apply for a travel permit that allows them to leave and legally return to the country during the validity period of their TPS.
To obtain this travel permit, you must complete Form I-131, the “Application for Travel Document,” providing accurate and verifiable information about travel needs and eligibility. Along with the form, you must include copies of the approved TPS, your Employment Authorization Document (EAD), and any other required supporting documentation. Additionally, the corresponding fees must be paid according to USCIS instructions.
Once submitted, USCIS will process the application and issue a travel document allowing the beneficiary to legally leave and return to the U.S. during the specified TPS period.
The Temporary Protected Status (TPS) is a lifeline for those facing significant challenges in their countries of origin. It offers temporary shelter and legal authorization to work and live in the United States. Despite its limitations, TPS represents a vital opportunity for stability and integration into the American community.
Beneficiaries must stay informed about TPS renewals and policy adjustments and explore all available options to ensure future stability in the U.S. For personalized guidance, it is recommended that they consult with specialized immigration attorneys, such as Oasis Legal Group, for expert advice and legal support.
Who is TPS designed for?
TPS is for individuals from designated countries who face dangerous conditions in their home country.
Can I apply for TPS if I have a criminal record?
It depends on the type and severity of the criminal record. Some offenses may disqualify an individual from obtaining TPS.
What happens if my country loses its TPS designation?
Suppose DHS decides to terminate the TPS designation for your country. In that case, beneficiaries are usually granted a period to adjust their status or prepare to return to their home country.
How long does TPS status last?
TPS is temporary, and its duration varies depending on DHS’s initial designation. Beneficiaries must renew their status according to USCIS deadlines.
Can I apply for permanent residency or citizenship through TPS?
TPS does not directly lead to permanent residency (Green Card) or citizenship.
