1. How is the priority date for Temporary Protected Status (TPS) determined?

The priority date for Temporary Protected Status (TPS) is determined by the date when the Secretary of Homeland Security designates a country for TPS. This is usually in response to an armed conflict, environmental disaster, or other extraordinary and temporary conditions in the country that temporarily prevent the country’s nationals from returning safely.

2. How is the priority date for TPS affected by a change in country conditions?

The priority date for TPS is generally fixed when the country is first designated for TPS. If country conditions worsen or improve significantly later on, the USCIS may decide to adjust the priority date accordingly. This could mean that some eligible TPS beneficiaries who applied for relief after the initial designation but before the adjusted priority date would no longer be eligible for TPS.

3. What is the difference between an affirmative and defensive application for TPS?

An affirmative application for Temporary Protected Status (TPS) is when an individual applies to be designated as a TPS recipient, and they must meet all requirements to qualify. A defensive application for TPS is when an individual’s removal proceedings have already begun and they apply for TPS as a form of defense against removal. This type of application may be granted if the individual meets all requirements for TPS.

4. Does the priority date for TPS impact the ability to adjust status?

Yes, the priority date for TPS does impact the ability to adjust status. The priority date is the date when an individual first applied for TPS benefits, and it establishes their place in line for an adjustment of status. Priority dates for TPS can be found on the Department of State’s Visa Bulletin. Those with earlier priority dates may have an easier time adjusting status.

5. Does the priority date for TPS affect eligibility for permanent residence?

No, the priority date for TPS does not affect eligibility for permanent residence. However, certain TPS holders may be eligible to adjust their status to permanent resident if they meet the criteria for an immigrant visa category.

6. What documents are needed to establish a priority date for TPS?

In order to establish a priority date for Temporary Protected Status (TPS), applicants must submit copies of valid identification documents, including a passport, birth certificate, national identity document, or other documents demonstrating nationality or proof of identity and residence in the designated country. Additionally, applicants may need to provide evidence of continuous residence in the US since the TPS designation date, as well as evidence of the required eligibility for TPS.

7. Are there different rules for establishing a priority date depending on which country the individual is from?

Yes, there are different rules for establishing a priority date depending on which country the individual is from. Different countries have different immigration laws and policies, and as such, they will have different procedures for establishing a priority date.

8. Can a person adjust status if their priority date is more than six months out?

Yes, a person can adjust status if their priority date is more than six months from the current month. However, the adjustment of status application may be denied if USCIS determines that the applicant is inadmissible on grounds of public charge or any other grounds of inadmissibility that render them ineligible for permanent residence. Therefore, it is important for the applicant to ensure that they meet all requirements for adjustment and are not inadmissible under any grounds before submitting their application.

9. Can a person still obtain TPS if their priority date has passed or expired?

No, a person cannot obtain TPS if their priority date has passed or expired. The priority date is the date on which an individual first applied for Temporary Protected Status. If a person’s priority date has passed, then they will no longer be eligible for TPS.

10. Are priority dates for TPS impacted by any other immigration remedies that may be available to an individual?

No, priority dates for TPS are not impacted by any other immigration remedies. The priority date for TPS is based on when the applicant initially filed the Form I-821 application.

11. Are there any exceptions to the current deadlines for obtaining TPS?

Yes, there are exceptions to the current deadlines for obtaining TPS. Under certain circumstances, applicants may be eligible for late initial registration or late re-registration under certain conditions. Those include having departed the United States due to a TPS-related event or if the applicant can demonstrate he/she was eligible for TPS but did not register due to extraordinary circumstances beyond his/her control.

12. How does a person’s criminal history affect their priority date for TPS?

A person’s criminal history does not directly affect their priority date for Temporary Protected Status (TPS). In order to be eligible for TPS, a person must meet certain requirements, such as being a national of a designated country and having been continuously physically present in the U.S. since the date designated for their country of nationality. A criminal record may affect an individual’s eligibility for other immigration benefits, such as asylum or adjustment of status, but it does not affect their TPS priority date.

13. Does continuous physical presence affect the priority date for TPS?

No, the priority date for TPS is not affected by continuous physical presence. The priority date is determined based on the date of filing the initial application for TPS, and physical presence is not taken into consideration.

14. Is there an appeal available if a person’s application for TPS is denied based on priority date issues?

Yes, individuals may file an appeal with the Board of Immigration Appeals. The appeal must be filed within 30 days of the denial.

15. How does U.S. Citizenship and Immigration Services (USCIS) process priority date issues?

USCIS processes priority date issues according to the procedures outlined in the Visa Bulletin, which is published monthly by the U.S. Department of State. The Visa Bulletin outlines the priority dates for visa applicants and is used to determine who can apply for a visa and when. Priority dates are based on when an application is filed, with those that are filed earlier having priority over those filed later. Depending on the category of visa applied for, USCIS will either approve a visa immediately or place the applicant in a queue until their priority date has been reached. Applicants can check their priority date online using the Visa Bulletin website.

16. Are there any additional filing requirements if a person’s priority date is more than 180 days out?

If a person’s priority date is more than 180 days out, then they must file an I-485 Supplement J Declaration of Self-Sufficiency. This form is used to prove that the applicant is not likely to become a public charge in the US.

17. How can an individual determine their current priority date for TPS?

Individuals can determine their current priority date for TPS by looking up their TPS case online in the U.S. Citizenship and Immigration Services’ (USCIS) Case Status Online system. They can also call the National Customer Service Center (NCSC) at 1-800-375-5283 to get an automated case status update.

18. Does filing for another immigration benefit impact the priority date for TPS?

No, filing for another immigration benefit does not impact the priority date for TPS. The priority date is based on when an individual initially filed their TPS application.

19. Is financial assistance available to individuals with an expired or extended priority date for TPS?

Yes, some states provide financial assistance to individuals with an expired or extended priority date for TPS. For example, New York offers cash assistance to eligible TPS recipients. Additionally, there are several organizations that provide financial assistance to individuals with an expired or extended priority date for TPS.

20. Can an individual receive work authorization while waiting for their priority date to become current?

No, an individual cannot receive work authorization while waiting for their priority date to become current. To be eligible for work authorization, individuals must have an approved I-140 petition and be able to apply for adjustment of status.