Navigating Temporary Protected Status (TPS)
Temporary Protected Status (TPS) offers a lifeline to individuals facing unsafe conditions in their home countries. Specifically, TPS provides temporary protection from deportation and the opportunity for work authorization. In this comprehensive guide, we will delve into what TPS is, who is eligible, the countries granted TPS as of the writing of this article, and the step-by-step process of applying for TPS with U.S. Citizenship and Immigration Services (USCIS). We will also emphasize the importance of immigration form assistance, immigration document preparation, and immigration form filing to ensure a smooth application process.
Understanding Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a humanitarian program that grants temporary legal status and work authorization to foreign nationals residing in the United States when conditions in their home countries are deemed too dangerous for their return. TPS is not a pathway to permanent residency or citizenship, but it provides critical relief to individuals unable to return home safely.
Who Is Eligible for TPS?
To be eligible for TPS, an individual must meet the following criteria:
Nationality: The individual must be a national of a country designated by the U.S. government for TPS.
Continuous Residence: The individual must have continuously resided in the United States since the date specified by USCIS for their country's TPS designation.
Continuous Physical Presence: The individual must have been physically present in the United States since the date specified by USCIS for their country's TPS designation.
Criminal Record: The individual must not have been convicted of certain crimes or otherwise be considered a threat to U.S. national security or public safety.
Application Deadline: The individual must file an initial TPS application or re-registration during the open registration period announced by USCIS.
Countries Designated for TPS
As of September 28, 2023, the following countries have been granted Temporary Protected Status (TPS):
Afghanistan
Burma (Myanmar)
Cameroon
El Salvador
Ethiopia
Haiti
Honduras
Nepal
Nicaragua
Syria
Somalia
Sudan
South Sudan
Ukraine
Venezuela
Yemen
Please note that TPS designations can change, and so it's essential to stay updated on USCIS announcements impacting the program.
The TPS Application Process
Applying for TPS involves several steps, including completing specific forms, gathering required documents, and adhering to USCIS timelines. Below is a detailed guide to help you navigate the TPS application process:
Step 1: Determine Eligibility
Before beginning the application process, confirm that you meet all eligibility criteria, including nationality, continuous residence, continuous physical presence, and the absence of disqualifying criminal convictions.
Step 2: Prepare Required Forms
To apply for TPS, you must complete the following forms:
Form I-821, Application for Temporary Protected Status: This is the primary application form for TPS. It collects information about your eligibility and background.
Form I-765, Application for Employment Authorization: TPS recipients are eligible to work legally in the United States, and this form allows you to apply for a work permit.
Step 3: Gather Required Documents
In addition to the application forms, you'll need to provide supporting documents to establish your eligibility and identity. These documents may include:
Proof of Nationality: Such as a copy of your passport or national identity card.
Proof of Continuous Residence: Documents that show your continuous residence in the United States since the required date for your country's TPS designation.
Passport Photos: Typically, two passport-sized photos.
Form I-765 Fee: Check the USCIS website for the most up-to-date filing fee information for Form I-765.
Other Documents: Depending on your individual circumstances, you may need to provide additional documents. It's advisable to consult with an immigration form preparer for guidance on specific form requirements.
Properly Filling Out Forms: The Importance of TPS Application Assistance
Filling out the necessary TPS forms accurately and thoroughly is always essential for a successful application. Any errors or omissions could lead to delays or even a rejection of your application. This is where immigration form assistance becomes invaluable. Here are some key ways Bilateral Immigration Services assists clients with their TPS application:
We ensure that the information you provide is accurate and consistent across all forms. Any discrepancies could lead to USCIS delays or complications.
We proofread all forms for errors or missing information before submitting your application.
We work with you to gather all the necessary documents and filing fees.
We prepare your application package according to USCIS requirements.
We mail your application via certified mail with return receipt to confirm that USCIS received your application.
Final Advice for TPS Applicants
To ensure a smooth TPS application process, consider the following advice:
Start Early: Initiate the application process as soon as USCIS announces the open registration period. Delays can result in missed deadlines and lapses in protection.
Stay Informed: Regularly check USCIS announcements and updates regarding TPS for your country. Policies and deadlines may change.
Seek Professional Help: If you have any doubts or complexities in your case, Schedule a Call with Bilateral Immigration Services so that we can assist with your TPS application.
Keep Records: Maintain detailed records of your TPS application, including copies of all forms, documents, and correspondence with USCIS.
Stay Compliant: While your TPS application is pending, continue to abide by all U.S. immigration laws and regulations.
Not a Law Firm: Bilateral Immigration Services, LLC is not a law firm. Its consultants provide no legal advice or attorney representation as part of the services rendered to its clients.
