An Overview on Temporary Protected Status (TPS)
The grant of TPS is based on the conditions of the country and derives from the Secretary of the Department of Homeland Security deciding whether it will be inappropriate to have people go back to their country of origin. Conditions that meet the statutory criteria include war, natural disaster, and unusual temporary conditions.
The other part of the definition that should be noted is that TPS only concerns those who are in the USA when the TPS declaration is issued. The report thus covers those who may be present illegally and those who are legally present but may not have permission to remain for the duration of the statement. For example, consider a student whose education ends and who loses the authorization for a visa to study. To understand your TPS status, you can consult our immigration lawyer in OKC.
When A Country Can Be TPS Designated
For one or more of the following reasons, a country may be appointed for TPS:
An ongoing armed conflict like a civil strife or war poses a grave threat to the nation's safety and thus to returning citizens;
An environmental disaster, like an earthquake or epidemic, causing a serious but temporary disruption to living conditions, so that the foreign government cannot adequately handle returning citizens;
Exceptional and temporary circumstances occurring in the foreign country, prevent its citizens abroad from returning safely, unless the U.S. Government determines it is not in the U.S. national interest to let them stay in the United States.
How Long Can It Last?
For 6, 12 or 18 months at a time, a TPS designation could be made. The Secretary must decide on the extension or termination of an appointment based on the conditions of a foreign country, at least 60 days before the end of the TPS. A TPS designation shall be published in the Federal Register for a decision to start or extend or end. If the decision is not published at least 60 days before the expiry of the extension or termination, the designation shall automatically be extended for a period of six months. The law does not define the term "temporary," or otherwise limits the time that a country may be designated as a TPS country.
A TPS qualified individual should be
be a national of a TPS-designated foreign country (or, if country-less, last residential place should be a TPS-designated country);
be physically continuously in the U.S. from the date of appointment or from a date set by the Homeland Security Secretary;
not be prohibited from entering the U.S. for reasons of criminal or national safety, such as people convicted of any felony or two or more misdemeanors, nor excluded from asylum.
Nationals of the designated country do not receive TPS by default but have to register and pay substantial fees for a particular period of registration. Moreover, the immigration status of an individual does not affect his eligibility at the time of the application for TPS, or the earlier issuance of the withdrawal order.
You may apply to receive permission to travel outside the United States, or even home; you may apply for a modification to your immigrant status (when you qualify). The primary benefit is giving recipients the chance to stay in a safe country even if not permanent residents or citizens, if their home country is unsafe.
Come to our immigration lawyer in OKC for information on TPS. At Mazaheri Law Firm we will guide you through the process to help keep you safe if you cannot return home.
** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.