Temporary Protected Status (TPS) is a humanitarian program in the United States designed to provide temporary relief to foreign nationals who are unable to return to their home countries due to extraordinary conditions. These conditions could include armed conflict, natural disasters, or other situations that temporarily hinder their ability to safely return. TPS offers eligible individuals a temporary legal status in the U.S., allowing them to live and work without fear of deportation while their home country’s situation remains unresolved.
Eligibility Criteria:
To qualify for TPS, applicants must meet several criteria. They must be a national of a country designated for TPS by the U.S. Secretary of Homeland Security. The designation is based on the assessment of conditions in the applicant’s home country. For example, the U.S. might designate a country for TPS following a major natural disaster, such as an earthquake or hurricane, or in the wake of significant armed conflict.
Currently, the following countries have been designated for TPS:
- Afghanistan
- Burma (Myanmar)
- Cameroon
- El Salvador
- Ethiopia
- Haiti
- Honduras
- Nepal
- Nicaragua
- Somalia
- South Sudan
- Sudan
- Syria
- Ukraine
- Venezuela
- Yemen
Applicants must also meet the following requirements:
1. Continuous Physical Presence: Individuals must have been continuously physically present in the U.S. since the date their country was designated for TPS.
2. Continuous Residence: They must have maintained continuous residence in the U.S. since the date specified in the TPS designation.
3. Admissibility: Applicants must not be inadmissible to the U.S. on certain grounds. This includes not having been convicted of certain crimes or having previously engaged in activities that might disqualify them from TPS.
Benefits of TPS:
TPS provides several benefits to eligible individuals. The most significant benefit is protection from deportation. TPS recipients are also eligible to apply for work authorization, allowing them to legally work in the U.S. and support themselves and their families. Additionally, TPS holders can obtain a Social Security number, which is often necessary for employment and other legal transactions.
Application Process:
The process for applying for TPS involves several steps. Eligible individuals must file Form I-821, Application for Temporary Protected Status, with U.S. Citizenship and Immigration Services (USCIS). They must also provide evidence of their identity, nationality, and the extraordinary conditions in their home country. Additionally, applicants need to file Form I-765, Application for Employment Authorization, if they wish to work while under TPS. Please note: requirements for TPS registration vary for each country, so be sure to check the USCIS website for the most up to date information:
Once the application is submitted, USCIS will review the individual’s eligibility, and if approved, grant TPS for a specific period. TPS is typically granted for 6 to 18 months, after which the Secretary of Homeland Security may extend the designation if the conditions in the home country have not improved. However, TPS does not provide a pathway to permanent residency or citizenship.
Termination and Renewal:
TPS designations can be terminated or renewed based on the conditions in the designated country. If the situation in the home country improves, the Secretary of Homeland Security may decide to terminate TPS for that country. Conversely, if conditions remain severe, TPS may be extended. It is crucial for TPS holders to stay informed about the status of their TPS designation and to apply for re-registration within the required periods to maintain their legal status.
Conclusion:
The TPS program plays a vital role in providing temporary relief to individuals from countries facing severe crises. It offers a crucial reprieve from deportation, allowing individuals to live and work in the U.S. while their home country’s situation is resolved. While TPS is not a pathway to permanent residency or citizenship, it represents a significant humanitarian effort by the U.S. to support individuals in dire circumstances and uphold its commitment to international protection. Contact the Law Office of Gregory J Eck, LLC for additional information.