When conditions such as ongoing armed conflicts, environmental disasters, or other extraordinary and temporary conditions arise in other countries, the Secretary of Homeland Security may grant eligible foreign nationals Temporary Protected Status if they are already in the United States.
TPS essentially provides eligible foreign-born individuals protection from deportation, permission to obtain an employment authorization document (EAD), and potentially, travel authorization. This temporary immigration status gives beneficiaries a “safe haven” in the US for some time, allowing them to earn a living and have some peace of mind.
If you are a national in any of the following countries, you may be eligible for TPS for a certain period of time. Below is the latest update from The Department of Homeland Security (DHS):
The 18-month re-registration period under the TPS designation of:
- El Salvador now runs through March 9, 2025
- Haiti now runs through Aug. 3, 2024
- Honduras now runs through July 5, 2025
- Nepal now runs through June 24, 2025
- Nicaragua now runs through July 5, 2025
- Sudan now runs through April 19, 2025
Extensions are not automatic, and they require an application process. Contact our offices to learn more and get started on your application today!
September 20th, 2023 TPS Update for Venezuela
Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months. This designation applies to those who arrived in the U.S. on or before July 31, 2023.
TPS is a good option for Venezuelans who have applied for asylum. The approval process is currently moving much quicker than other visa applications, making it a great option. Venezuelans who entered with a visa can apply, and even if they are facing deportation, they can request TPS.
If you reside in any of the countries listed above and are seeking TPS, schedule your consultation online or by calling (407) 337-8799 to speak with our TPS attorneys. Proudly serving Orlando!
Who Qualifies for TPS?
As we discussed before, you must reside in one of above the countries to be eligible for TPS, and your home country must be undergoing any of the following conditions:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as an earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
Even if you satisfy these conditions, there are additional TPS criteria. You must:
- Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
- File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation;
- Have been continuously physically present (CPP) in the US since the effective date of the most recent designation date of your country; and
- Have been continuously residing (CR) in the US since the date specified for your country, although, certain exceptions apply.
However, you are not eligible to apply for TPS or maintain your existing TPS if you:
- Were convicted of any felony or 2 or more misdemeanors committed in the US;
- Are inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
- Are subject to any of the mandatory bars to asylum, which include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
- Fail to meet the continuous physical presence and continuous residence requirements in the US;
- Fail to meet initial or late initial TPS registration requirements; or
- Fail to re-register for TPS without good cause (if granted TPS).
Even if you meet these TPS qualifications, it is best to ask your lawyer how each criterion applies to your unique situation. As straightforward as these qualifications and requirements may appear, the reality is, there are several exceptions and details to consider before you move forward with the TPS application.
Can TPS Lead to Citizenship?
No, TPS currently does not make beneficiaries automatically eligible for permanent residence or citizenship in the US. However, President Biden proposed legislation that would allow TPS holders to apply for citizenship 3 years after getting a green card if they meet certain qualifications. This is merely a proposal, not a law that has taken effect. As such, remember that TPS does not provide an automatic path to a green card or citizenship, although, eligible TPS holders may apply for a green card.
How Do You Apply for TPS?
To begin the application process, you must complete several forms, evidence, and fees, including:
- Evidence, including:
- Date of entry evidence
- Continuous Residence (CR)
- Identity and nationality evidence
- Form I-821 fees and other related fees
- Form I-765, Request for Employment Authorization
- Form I-821, Application for Temporary Protected Status
- Fee waiver (if you cannot afford the TPS application costs)
- Include this request on Form I-912, Application for Fee Waiver
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if you are deemed inadmissible and need a waiver to obtain TPS)
Once you compile and complete the necessary documents and paperwork, you can begin the TPS application process. However, you are advised to hire a TPS attorney to help you complete the process, as one minor error could result in a rejection of your application.
To get you familiar with the TPS application process in the meantime, however, we summarize the steps below:
- File your petition
- Submit your biometrics to USCIS
- USCIS will determine your work eligibility if you are seeking an EAD
- Report to the Application Support Center (ASC) and bring the following:
- Evidence of nationality and identity
- Your receipt notice
- Your ASC notice
- Your current EAD, if you have one
- USCIS may ask for additional documents to determine your eligibility for TPS
- If you are approved, you will receive an approval notice and an EAD
- If you are denied, USCIS will send a letter explaining the reason and might allow you to appeal the denial
- Receive a receipt notice from USCIS, and monitor the status of your case upon acceptance
Ready to Get Started?
As you can see, the TPS application process is not as simple as you may think. With the current litigation going on especially, it can be confusing to understand your rights, benefits, timeline, and more. But don’t panic. With the help of our temporary protected status attorneys, clients throughout Orlando can get the one-on-one guidance, commitment, and legal counsel they need to get the temporary protection they need and deserve.
To learn if you are eligible for TPS and get started on the process, reach out to our attorneys online or at (407) 337-8799 today!
Bilingual StaffOur staff provides legal services in both English and Spanish.
Personalized AttentionOur attorneys meet with clients as soon as they come to us and handle cases personally until they are resolved.
Tailored Solutions for Each ClientOur team is very detail-oriented and is dedicated to providing solutions fit to your unique case.
Long-Term PartnershipsMany of our happy clients start with one service but come back for assistance with other legal matters. When you work with us once, you can work with us for a lifetime.
Our attorneys and staff speak both English and Spanish. We will speak to you in whichever language you are most comfortable with to ensure smooth communication. Get in touch with us today to get started.