Learn About TPS
(Temporary Protected Status)
Find out what TPS (Temporary Protected Status) is in the United States, and clear up all your doubts.
Many people are worried about the news, namely, that the Temporary Protected Status will soon be suspended. If you are wondering what is TPS in the United States, or how these news affect your stay in the United States, you are in the right place.
If you are interested in TPS, chances are you are going through a very difficult situation, in which you and your family feel vulnerable, and you are therefore thinking about moving to the United States. If that is the case, the TPS can be your best chance.
What is TPS in the United States?
TPS is a legal recourse that you can apply to if the country you live in goes through a complex and dangerous situation, and as a consequence, your life is at risk.
It is no secret that the Unites States is still one of the most sought-after places for immigration. This is the case because the United States is considered the land of opportunities due to its seemingly economic stability.
It is no wonder that the Unites Nations has considered the United States one of the best places to live. However, that does not mean that it is easy to move and get legal permanent residence. The good news is that your chances do get better with the help of a good immigration law firm.
The circumstances by which the secretary of the United States Department of Homeland Security can grant Temporary Protection Status (TPS) to a country, are the following:
-When there is an armed conflict or civil war.
-Earthquakes, epidemies, hurricanes, or other natural disasters.
-Any other situation deemed temporary and extraordinary.
People coming from TPS countries, who meet the criteria, can take advantage of this immigration benefit. Which countries are considered “TPS countries”?
TPS Countries
There are several countries that have been given temporary protected status. They are: Haiti, El Salvador, Honduras, Syria, Nepal, Yemen, Somalia, Sudan, Nicaragua, and South Sudan.
Citizens from these countries, like Nicaragua for example, are not sure of what they need to do if it is finally decided that their TPS will end.
Nevertheless, before taking any kind of decision, it would be a great idea to get an appointment with an immigration lawyer that can help him or her to give the necessary steps.
Nowadays, many people live in the United States under TPS. Most of them currently live in Washington, New York, Los Angeles, Miami, Boston, or Houston.
About 6000 TPS holders currently live in Texas, that is why many of them try to find immigration lawyers, not just to apply but to maintain his or her protection status.
How long does Temporary Protected Status last?
It is very important to keep in mind that TPS has an expiration time, just as the name says, it is temporary. TPS can be extended once the clerk evaluates the original conditions of the applicants.
If the clerk decides that it is necessary to extend it, then you can do it for 6, 12 or up to 18 months more. These constant revisions should be done at least 2 months before the expiration date.
Recently, the secretary of Homeland Security extended TPS for some countries, but not others.
What happens when TPS ends for a country?
Many TPS holders wonder what would happen to them once the TPS designation ends for their country of origin. And it is not just the TPS holders, but countries from TPS protected countries who are planning to get one but are not sure about what would happen in the future.
In any case, it is important to know that there is a ruling from a California court judge, which forbids the current administration to eliminate TPS for immigrants from certain countries.
Chances are you are going through a very difficult situation, in which you and your family feel vulnerable, and you are probably thinking about moving to the United States. If that is the case, the TPS can be your best chance.
How can you know whether you are eligible for TPS?
How can you know whether you are eligible for TPS? The truth of the matter is that there are several conditions that can work in your favor if you wish to apply for TPS:
- You must be a citizen of a TPS country, or a stateless person who has lived in such a country.
- Having been physically present, during the initial record, although there are some exceptions for some applicants who would make a late application. You might be able to discuss it with one of our immigration attorneys in Houston.
- You must be continually present in the United States since the country was designated with TPS.
- There might be some exceptions for those who have not been able to stay continuously.
Under what circumstances you would not be eligible for TPS?
There are certain situations under which a person could not be eligible, or could not renew his TPS. For example:
-If you have been found guilty of a felony, or 2 misdemeanors, in the United States. However, it is also possible to hire a criminal defense lawyer who also specializes in immigration law to evaluate any one case.
-People who promote terrorist activities, or participate in them directly.
-People who have not been in the United States continuously.
-If you do not meet any of the initial or late application requirements for TPS.
What are the requirements to apply for TPS?
There are some special requirements for each country. However, generally speaking, these are the basic requirements:
-You must present an application I-821 for Temporary Protections Status.
When you make this application, you can also request an authorization to work in the United States legally (EAD I-765).
There are different ways in which you can present these forms and become eligible much more quickly. For example, by presenting both forms in different dates.
You can find all of the necessary forms for free on the USCIS website.
If you can hire a professional immigration lawyer, who has knowledge about TPS in the United States, it could help speed up things when applying.
What evidence should you give along with your TPS application?
There are different types of documents you must present when you make your TPS application. If it is the first time you apply for it you should have:
- Proof of identity and nationality. This will let the authorities know that you come from a TPS country, and that you have lived there as well.
- Date of entry into the United States.
- Continuous residence, which will leave a reference that you have remained in the United States.
Note: If these documents are not in English, then you must present the documents and a certified translation.
This evidence, called primary, must be turned in. But if the department in charge believes that it is not enough, then the applicant will request for additional proof.
In the case of people who cannot present primary evidence, they will be able to request permission to present secondary evidence.
What is “Primary Evidence”?
Primary evidence refers to any national identity document that contains a picture, fingerprints such as birth certificates, national ID (with picture), naturalization certificates, or other state ID cards.
What can you do if you cannot present primary evidence?
People who are not able to present primary evidence should prove that they have made several (failed) attempts to obtain the required documents, along with an explanation of why you were not able to get them in your country. You must also annex a document which proves that you are a citizen of the designated country.
What is “Secondary Evidence”?
Secondary evidence can be any of the following:
-Nationality documents (whether they have a fingerprint or picture).
-Certificate of Baptism, if it proves the nationality of the applicant or his/her parents’.
-Medical or school records, if they contain personal information, or otherwise prove that the applicant is from a TPS country.
-Any other immigration document that mentions your nationality.
-Affidavits of support of relatives or friends who know about the applicant’s place of birth or nationality of his/her parents.
-Any document that states the nationality of the applicant.
Being born in a TPS country ALWAYS means that the applicant is a national or citizen of that country.
Therefore, every person that wishes to apply for TPS to live in the Unites States should hire a lawyer, since there are several ways in which a person can enter and stay in the country, such as asylum or other nonimmigrant visas.
Is it possible to leave the country if you have TPS?
You should know that if you have obtained TPS, and you wish to travel abroad, then you need a permit to do it.
The authorization to leave the United States is called “advanced parole” and works as such. This authorization is a permit to leave the country and return once again, within a set time limit.
In order to attain such permit, and have it approved by the authorities, it is also necessary to fill in an application form for a travel document.
If you choose to leave the United States without this permit, and you have TPS, it is likely that you will lose it and you might not be allowed to return to the United States. In this case, the process to return will be more complicated.
If you wish to remain in the United States legally, the best thing you can do, even before you request a travel permit, is to get a consultation with an immigration attorney.
If you have been in the United States for any given period of time, it would also be wise to find professional legal advise before you apply for Advanced Parole.
Can people from Venezuela apply for TPS?
This is a question that many Venezuelans keep wondering about, especially those who do not wish to return to their country of origin because of the harsh economical conditions. The truth is that there is still debate in Congress about whether there will be TPS for Venezuelans.
If this country is given Temporary Protected Status, its citizens could enter the country regardless of their immigration status, plus an Employment Authorization Document and travel abroad in cases of emergency.
If you believe that you are eligible for this protection recourse, we invite you to know more about TPS with our immigration attorneys in Houston. We have had many successful cases and we would be very happy to help you out.
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