General Requirements for Temporary Protected Status (TPS)

What is TPS?

Temporary Protected Status (TPS) serves as a vital humanitarian program, providing individuals from designated countries a lifeline by granting temporary relief from deportation and the opportunity to work legally in the United States. TPS is granted to nationals of certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that make it unsafe for them to return. If you are considering applying for TPS, understanding the general requirements is essential to a successful application.

Congress authorized the Secretary of the Department of Homeland Security to designate countries for TPS protections in Section 244 of the Immigration and Nationality Act (INA), a provision that has been historically used to provide relief to individuals from nations such as El Salvador, Haiti, and Syria during times of significant crisis. (INA).

Eligibility Based on Country Designation

The first step in determining TPS eligibility is verifying whether your country has been designated for TPS by the U.S. Department of Homeland Security (DHS). Each designation has specific effective dates and deadlines, so it’s crucial to confirm these details for your country.

Continuous Physical Presence and Continuous Residence

Applicants must meet specific physical presence and residence requirements. For example, if you are from a country recently designated for TPS, you might need to show evidence like rent receipts or utility bills to prove you have been continuously living in the U.S. since the required date. Similarly, travel records may help establish continuous physical presence if you made brief, casual, and innocent trips outside the country.

• Continuous Physical Presence (CPP): You must have been physically present in the United States since the effective date of your country’s TPS designation.
• Continuous Residence (CR): You must have continuously resided in the United States since the date specified for your country’s designation.

Interruptions in residence or physical presence due to brief, casual, and innocent trips may not disqualify you, but these exceptions are limited and must be documented.

Filing Within the Registration Period

Applicants are generally required to file for TPS during the initial registration period or any subsequent re-registration periods announced for their country. Late initial applications may be accepted if the applicant meets certain conditions, such as being in valid nonimmigrant status or having a pending asylum application during the initial registration period.

Meeting Criminal and Security Criteria

Applicants must undergo background checks to ensure they meet the program’s criminal and security requirements. TPS may be denied if:

• You have been convicted of any felony or two or more misdemeanors in the United States.
• You are deemed inadmissible under specific sections of immigration law, such as those related to terrorism or national security.

Submitting the Required Forms and Fees

To successfully apply for TPS, you will need to prepare a complete and thorough application package, which should include the following components:

• Form I-821: Application for Temporary Protected Status.
• Form I-765: Application for Employment Authorization, if you wish to obtain a work permit.
• Supporting documents, such as evidence of nationality, identity, and proof of continuous physical presence and residence.
• Payment of applicable fees or a completed Form I-912 (Request for Fee Waiver), if eligible.

Providing Evidence of Eligibility

Supporting documents are a critical part of your TPS application. These may include:

• Proof of Identity and Nationality: A passport, birth certificate, or national ID.
• Proof of Residence: Rent receipts, utility bills, employment records, or school records showing your presence in the United States during the required periods.
• Evidence of Physical Presence: Travel records, affidavits, or other documentation confirming your presence in the U.S.

Understanding Work Authorization

One of the key benefits of TPS is eligibility for employment authorization. Upon approval, you can apply for an Employment Authorization Document (EAD) that allows you to work legally in the United States.

Re-Registration Requirements

If you are already a TPS beneficiary, you must re-register during the designated re-registration periods to maintain your status. Failing to do so may result in the termination of your TPS.

Other Important Considerations

• Travel Authorization: If you wish to travel outside the U.S. while on TPS, you must apply for advance parole using Form I-131.
• Not a Path to Permanent Residency: TPS is a temporary benefit and does not lead to permanent residency or citizenship. However, individuals may pursue other immigration options if eligible.

Conclusion

Applying for Temporary Protected Status can be a complex process, but our firm is here to make it manageable and stress-free. With years of experience guiding clients through immigration processes, we specialize in providing personalized support to help you meet the requirements and maximize your chances of success. Ensuring that your application is accurate, complete, and submitted on time can significantly improve your chances of approval. If you have questions or need assistance with your application, consulting with an experienced immigration attorney can provide valuable guidance.

For more information or assistance, contact us at 407-802-1717. We’re here to help you navigate the TPS application process with confidence.