Temporary Protected Status (TPS): A Comprehensive Overview for Aspiring Applicants
Navigating the intricacies of Temporary Protected Status (TPS) can be a daunting task. At Francis Law Center, we specialize in guiding individuals through this process, ensuring they’re well-informed and supported at every step.
With a sole focus on immigration law and offices in Chicago, IL, Naperville, IL, Schaumburg, IL, and Madison, WI, we’re ideally positioned to provide you with the dedicated expertise you seek.
Understanding Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a humanitarian initiative implemented by the U.S. Department of Homeland Security (DHS). It permits individuals from certain countries experiencing volatile conditions to legally reside and work in the U.S. for an extendable time frame.
While it doesn’t immediately lead to permanent residency or citizenship, it offers a respite from the challenges faced in their home countries.
The Evolution and History of Temporary Protected Status (TPS)
Congress established TPS in 1990, It was conceived as a humanitarian initiative to assist individuals fleeing severe conditions in their homeland, whether due to natural disasters, prolonged civil unrest, or armed conflict. Over the years, countries such as El Salvador, Haiti, Honduras, and Venezuela have seen their nationals benefit from this program, granting them the right to temporarily reside and work in the U.S.
While the foundational goals of TPS have remained, its implementation has seen shifts over the years. Notably, the Trump administration endeavored to terminate TPS designations for several nations. However, a slew of legal challenges prevented these attempts. In stark contrast, President Joe Biden has expanded the reach of TPS, granting protection to more nations and even proposing pathways to U.S. citizenship for TPS beneficiaries.
Criteria for Temporary Protected Status Designation
To grant a country a TPS designation, the secretary of homeland security reviews a range of factors, including:
- Ongoing armed conflicts like civil wars.
- Natural disasters encompassing earthquakes, droughts, hurricanes, or epidemics.
- Any other temporary, exceptional conditions rendering the country unsafe.
Eligibility and Application
You might be eligible if you originated from a TPS-designated country and were in the U.S. when the designation was made. However, certain disqualifying factors, such as criminal convictions or participation in terrorist activities, can impact your eligibility.
As your trusted immigration attorney, we can guide you through the application process, ensuring you fulfill all criteria set by the U.S. Citizenship and Immigration Services (USCIS).
Benefits of Temporary Protected Status (TPS)
Navigating through U.S. immigration can be complex, but with the right knowledge and guidance, opportunities arise. One such provision is the Temporary Protected Status (TPS), which offers crucial benefits to its beneficiaries during its designated tenure.
The Tangible Benefits of TPS
Those who are granted TPS status enjoy several privileges:
- Safety and Security: One of the fundamental advantages is the guarantee that TPS holders will not be removed or detained by the Department of Homeland Security based on their immigration status. This provision ensures their protection on U.S. soil.
- Employment Opportunities: TPS beneficiaries become eligible for an Employment Authorization Document (EAD), enabling them to legally work in the U.S. and contribute to its diverse economy.
- Travel Provisions: The status also allows for travel authorization, providing TPS holders with flexibility and the ability to maintain essential global connections.
Countries Benefiting from TPS
The United States has extended the TPS designation to nationals from several countries, reflecting its commitment to humanitarian causes. As of March 2023, the countries that have beneficiaries under the TPS program are:
- Venezuela
- El Salvador
- Haiti
- Honduras
- Ukraine
- Nepal
- Syria
- Nicaragua
- Burma
- Afghanistan
- Yemen
- Cameroon
- Sudan
- Ethiopia
- Somalia
- South Sudan
It’s worth noting that the number of beneficiaries from these countries varies, and certain nationals are eligible but have yet to receive the status.
TPS Duration, Extension, and Reversion to Prior Immigration Status
Temporary Protected Status (TPS) offers invaluable relief for those hailing from countries undergoing tumultuous conditions. However, it is essential to understand the intricacies of its duration, extension, and what happens post-expiration.
One of the pivotal aspects of TPS is its potential for extension. The Secretary of Homeland Security has the authority to prolong the TPS duration after thoroughly reviewing the prevailing conditions in the designated country. Such decisions regarding extensions, whether for 6, 12, or 18 months, must be made at least 60 days before the current TPS designation concludes.
It’s vital to note that these extensions solely benefit those already holding TPS status. Individuals from the designated countries who enter the U.S. after the initial TPS start date can only obtain this status if there’s a re-designation of TPS for their country.
What happens once TPS concludes without an extension? Beneficiaries should be aware that once a country’s TPS designation expires and if no re-designation occurs, they will revert to their former immigration status. This transition might mean returning to an undocumented status. There can be alternative legal pathways to consider, especially if one has familial ties within the U.S.
A Path Forward: Seeking Permanent Residency
The expiry of your Temporary Protected Status (TPS) does not signify the end of your journey in the U.S. Numerous alternative paths await, and our seasoned immigration attorneys are ready to guide you through them, ensuring you’re aware of every available avenue.
One of the primary alternatives is seeking a lawful permanent status, commonly known as a Green Card. The spectrum of eligibility for a Green Card is vast. For many, familial ties in the U.S. can be an opportunity as a pathway to legal permanent residency. Whether through marriage to a U.S. citizen, sponsorship by a close family member, or even through specific categories that allow certain family members to join you, the family aspect of immigration can be a valuable resource.
For those who’ve experienced particularly severe conditions in their native countries, seeking asylum could be a viable option. It’s worth noting that maintaining your TPS status up to a certain point before applying for asylum can be viewed as an exceptional circumstance. Essentially, having TPS might “pause” the typical requirement to apply for asylum within one year of your arrival in the U.S., assuming the standard deadline hasn’t elapsed.
Remember, the expiration of TPS is merely a chapter in your broader immigration story. With the correct information, guidance, and a focus on familial connections, many opportunities can still be within your grasp.
Get Legal Guidance on Temporary Protected Status with Francis Law Center
At Francis Law Center, we recognize the intricacies of navigating the Temporary Protected Status (TPS) and its paramount significance for many individuals and families. Our founding attorney, Jae Francis Lee, being a first-generation immigrant himself, deeply understands and relates to the unique challenges faced by immigrants. This personal experience, combined with our seasoned team of immigration attorneys, ensures that we guide you through each phase with empathy and precision, meticulously addressing every detail.
Committed to offering personalized, adept legal advice, Francis Law Center remains your trusted ally for all matters related to Temporary Protected Status. Contact our immigration attorneys today to schedule your initial consultation and take the next decisive step in your immigration journey.
