Temporary Protected Status (“TPS”) grants temporary status to those in the United States from countries that are in some sort of disarray, such as being in a civil war or if there was a natural disaster. USCIS posts a list of countries and people from those countries who are in the United States, may apply for TPS. TPS allows people to live, work, and travel in and out of the United States without fear of being deported or overstaying a visa.
The thing about TPS is that a person who receives TPS only receives it for a certain amount of time. The provision states that TPS should be for “not less than 6 months and not more than 18 months” BUT the Department of Homeland Security (“DHS”), can extend the length of TPS for each country, depending on the state of the country.
In order to be eligible for TPS you must be in the U.S., legally or illegally, you cannot have a serious criminal record, and you must be from one of the designated countries. If you are eligible, you should make sure that you are not “inadmissible” under the INA or are subject to any of the mandatory bars for asylum.
If you are planning on filing for TPS, you should fill out forms I-821 and I-765. One thing to remember is that DHS reviews TPS for each country and if TPS is renewed for your country, you will also have to reapply for it.
If your TPS is denied, you can appeal the decision, but it may be expensive and take a long time.
Lastly, if you are from a TPS country, you may also have an asylum claim, if you are afraid to return home! Read more about asylum here.
If you would like help filing for Temporary Protected Status, please call our office at 508-438-1198.
THIS POST WAS WRITTEN BY ATTORNEY JAMIE COSME. IT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE.
#tps #temporaryprotectedstatus #asylum