Temporary Protected Status in the United States

There are many reasons that natives of other countries may want to come to the United States. In some cases, countries may be experiencing certain problems that can make it unsafe. It is because of this that the United States offers foreign individuals Temporary Protected Status (TPS).

TPS was created by Congress in the Immigration Act of 1990. It offers a temporary immigration status to nationals of specifically designated countries. These countries must be suffering from ongoing armed conflict, an environmental disaster, or extraordinary and temporary conditions. It provides individuals from these countries with a work permit and a stay of deportation. This status allows migrants to stay in the country for a period of 18 months and the government can renew it indefinitely.

Benefits of TPS

The United States Citizenship and Immigration Services may grant TPS to foreign nationals that are already in the United States, but came from certain designated countries. It is important to know that it is a temporary status that does not lead to becoming a lawful permanent resident or any other immigration status. Benefits of this temporary status can include:

  • Cannot be removed from the United States
  • Authorization to work and can obtain an Employment Authorization Document
  • May be granted travel authorization

Am I Eligible?

In order to receive TPS status, the individual must meet certain requirements. The list of requirements is as follows:

  • Must be a national of a country designated for TPS, or you have no nationality but last habitually resided in a designated TPS country
  • Has had a continuous physical presence in the United States since the effective date of the most recent TPS designation for their country
  • Have been continuously residing in the United States since the date specified for their country
  • Filed the application during the open initial registration period or they meet the requirements for late initial filing during an extension of their country’s TPS designation
  • Have not been convicted of a felony or two or more misdemeanors in the United States
  • Not found inadmissible as an immigrant

How to Apply

To apply for TPS, an individual must follow these steps:

  • Complete Form I-821, the Application for Temporary Protected Status
  • Submit the Filing Fee of $50
  • Complete a Form I-765, the Application for Employment Authorization, even if you are not requesting one
  • Submit evidence including Identity and Nationality Evidence, Date of Entry Evidence, and Continuously Residing/Continuously Physically Present Evidence
  • Sign and file both forms at the correct filing location

After filing, the individual will get a notice that the application was received and a biometrics appointment date if it is applicable. If all the documents check out and there is no additional evidence required, the applicant will be given written notice of approval or denial for their application.

Contact our Firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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