1. What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a temporary form of immigration relief that allows foreign nationals who are in the United States to remain here for a limited period of time due to conditions in their native countries that make it dangerous for them to return. This includes natural disasters, armed conflict, and other extraordinary conditions. It is granted by the Department of Homeland Security and typically lasts between six and eighteen months.
2. Who is eligible for Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible individuals from certain countries who are unable to return safely due to ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. To be eligible, applicants must have been physically present in the United States for a specified period of time and must not have any disqualifying criminal or national security-related grounds of inadmissibility. Applicants may also have to meet additional requirements depending on their country’s designation.
3. What countries currently have Temporary Protected Status (TPS)?
As of February 2020, the following countries have Temporary Protected Status (TPS): El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria and Yemen.
4. How long does a country need to be designated for Temporary Protected Status (TPS)?
The length of time a country is designated for Temporary Protected Status (TPS) can vary depending on the situation in the home country. Generally, the designation can be for up to 18 months, with a possible extension of up to 18 months. However, the Secretary of Homeland Security can terminate a TPS designation at any time.
5. Who can apply for Temporary Protected Status (TPS)?
TPS is available to certain foreign nationals in the United States who are from designated countries that are experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. To be eligible for TPS, applicants must have been continuously residing in the United States since a specified date and must not have any disqualifying criminal or security-related grounds.
6. How do I apply for Temporary Protected Status (TPS)?
You must file Form I-821, Application for Temporary Protected Status, with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents and the required fee. You may also be required to submit biometrics, such as fingerprints. Visit the USCIS website for more information about eligibility requirements and filing procedures for TPS.
7. Are there any benefits associated with Temporary Protected Status (TPS)?
Yes, there are a number of benefits associated with Temporary Protected Status (TPS). These include:
-The ability to apply for work authorization and obtain a work permit
-The ability to travel outside the U.S. and return without losing TPS status
-The ability to obtain certain government benefits, such as Social Security and Medicare
-The protection from deportation and removal from the U.S.
-The ability to obtain certain types of driver’s licenses in some states
8. How long does a person with Temporary Protected Status (TPS) status have to stay in the US?
The amount of time a person has to stay in the US with Temporary Protected Status (TPS) status depends on the particular country’s designation. Generally, the Department of Homeland Security (DHS) grants TPS status for a period of 6 to 18 months, and may extend it for 6, 12, or 18 month increments.
9. What happens if I receive Temporary Protected Status (TPS) and leave the US?
If you receive Temporary Protected Status (TPS) and then leave the US, your status will be terminated. You will not be able to return to the US with TPS status and will need to pursue an alternate path to legally return.
10. Can I travel outside the US while on Temporary Protected Status (TPS)?
Yes, you can travel outside of the US while on Temporary Protected Status (TPS). However, USCIS must grant you advance parole if you wish to travel and return to the United States. Advance parole allows you to return to the US after traveling abroad without having to obtain a visa. It is important to note that if you leave the US without advance parole, you will automatically lose your TPS status and may not be allowed to return. You should contact USCIS for additional information about advance parole and travel outside of the US while on TPS.
11. Does having Temporary Protected Status (TPS) lead to permanent residency or citizenship?
No, having Temporary Protected Status (TPS) does not lead to permanent residency or citizenship. TPS is an immigration status granted to certain individuals who are present in the United States, but who cannot return to their home country due to ongoing armed conflict or natural disasters. This status can be renewed periodically but does not lead to a path for permanent residency or citizenship.
12. What kind of documents are required to apply for Temporary Protected Status (TPS)?
In order to apply for Temporary Protected Status (TPS), applicants must submit the necessary documents, including:
1) Form I-821, Application for Temporary Protected Status
2) Two passport-style photographs
3) Proof of Identity (passport, driver’s license, birth certificate, etc.)
4) Proof of Nationality or Citizenship (national identity document, birth certificate, etc.)
5) Proof of Residence in the US (utility bills, lease agreement, etc.)
6) Evidence of Good Moral Character (letters of reference, court records, etc.)
7) Nonrefundable filing fee of $50
13. How often must I renew my Temporary Protected Status (TPS)?
TPS must be renewed every 18 months. You must apply for renewal within the designated time frame in order to maintain your TPS status.
14. Is there a fee associated with applying for or renewing my Temporary Protected Status (TPS)?
Yes, there is a fee associated with applying for or renewing Temporary Protected Status (TPS). The fee for Form I-821, Application for Temporary Protected Status, is $50. The fee for Form I-765, Application for Employment Authorization, is $410. The fee for Form I-131, Application for Travel Document, is $575.
15. Is there a work permit associated with Temporary Protected Status (TPS)?
Yes, a work permit is associated with Temporary Protected Status (TPS). This permit authorizes individuals to seek employment in the United States.
16. Does receiving Temporary Protected Status (TPS) affect my eligibility for other immigration benefits?
No, receiving Temporary Protected Status (TPS) does not affect your eligibility for other immigration benefits. However, you may need to meet certain eligibility criteria in order to be approved for these benefits. For example, if you are applying for lawful permanent resident status (a green card), you must meet the general eligibility requirements for adjusting your status and must also establish that you have been continuously present in the United States since your TPS application was approved.
17. What are the penalties for not renewing my Temporary Protected Status (TPS)?
Failure to renew Temporary Protected Status (TPS) could result in a person becoming ineligible for future TPS, subject to civil penalties, and/or removal proceedings. Additionally, failure to renew TPS may lead to the expiration of work authorization and other benefits associated with the status.
18. What should I do if my application for Temporary Protected Status (TPS) is denied?
If your application for Temporary Protected Status (TPS) is denied, you should first review your denial notice to determine the reason for denial. If you believe the denial was issued in error or if you have new evidence to support your application, you can file an appeal with the U.S. Citizenship and Immigration Services (USCIS) within 30 days of receiving your denial notice. An immigration attorney can assist you in understanding the appeal process and representing you in the process.
19. Is there a legal right to appeal against denials of temporary protected status applications?
Yes. An applicant may request an appeal of a denial of Temporary Protected Status (TPS) within 30 days of the decision by filing a Form I-290B, Notice of Appeal or Motion, with the correct USCIS office.
20. Is there a limit to how many times I can renew my Temporary Protected Status (TPS)?
Yes, there is a limit to how many times you can renew your Temporary Protected Status (TPS). Generally, if you meet the initial eligibility criteria for TPS and have continuously resided in the United States since your initial registration, you may renew your TPS as long as the country of origin remains designated for TPS and an extension is granted. However, the U.S. Citizenship and Immigration Services (USCIS) can decide to not extend or re-designate a country for TPS at any time, which would mean you would no longer be able to renew your TPS.