Which Immigrants Are Eligible for Temporary Protected Status?

 Posted on April 26, 2023 in Immigration

The United States government recognizes that dangerous conditions exist in certain countries, including wars, natural disasters, high levels of crime, or other issues that affect the health and safety of residents. Because of this, certain immigrants in the U.S. may receive protection against deportation, ensuring that they will not be forced to return to an unsafe environment. Temporary Protected Status (TPS) may be granted to immigrants from specific countries, providing them with temporary relief and allowing them to continue living and working in the United States. The administration of President Joe Biden has significantly increased the number of immigrants who are eligible for TPS, and those who qualify will need to understand the steps they can take to receive this status, as well as their options for immigration that will allow them to live in the U.S. on a permanent basis.

Understanding Temporary Protected Status

Temporary Protected Status (TPS) is a program designed to help foreign nationals who are temporarily unable to safely return to their home countries due to dangerous conditions. TPS allows these individuals to stay in the United States for a designated period of time, and they may also receive authorization to work for U.S. employers. A person who has been granted TPS cannot be detained by immigration officials, and they cannot be deported from the United States. Temporary Protected Status will apply for a limited period of time, and immigrants will need to re-register during designated periods to maintain their status.

Eligibility Requirements for TPS

To be eligible for TPS, an immigrant must be from a designated country, or they must have most recently resided in a designated country. They must have resided in the United States continuously since the most recent date the TPS designation was put into effect for their country. A person may be determined to be ineligible for TPS if they have been convicted of a felony or two misdemeanors in the United States, if they are inadmissible to the U.S. based on a criminal record or grounds related to national security, or if they did not register or re-register for TPS within the appropriate time periods.

Countries With TPS Designation

Currently, there are 16 countries with TPS designation, including El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, and Syria. In some cases, TPS designations were initially made multiple years or decades ago, and they have been extended due to continuing dangerous conditions in certain countries. The Biden administration has expanded TPS designations, adding countries such as Afghanistan, Venezuela, Ukraine, Cameroon, and Myanmar. It has also renewed eligibility for immigrants from countries such as Ethiopia, Somalia, and Yemen who had previously been granted TPS.

Application Process for TPS

The process of applying for TPS involves submitting an application to U.S. Citizenship and Immigration Services (USCIS). This application must include detailed information regarding the applicant's current status, their country of origin, and their continuous residence in the United States since TPS designation was granted for their country. The applicant will then attend an appointment at an Application Support Center (ASC) where biometrics such as their photograph and fingerprints will be collected. USCIS will review their case to determine whether they are eligible for TPS and whether they can receive work authorization. If an application is approved, the immigrant will receive an approval notice. If an application is denied, the immigrant may be able to file an appeal.

Contact Our DuPage County Temporary Protected Status Lawyers

Temporary protected status can provide a vital safety net for eligible immigrants who are unable to return to their home countries. However, it is important for immigrants to understand that TPS is a temporary form of protection and does not provide a path to permanent residency or citizenship in the United States. At Mevorah & Giglio Law Offices, we can assist with applications for Temporary Protected Status, and we can also help immigrants determine their options for applying for visas and Green Cards that will allow them to live in the U.S. on a permanent basis. Contact our Illinois TPS application attorneys at 630-932-9100 to schedule a free consultation.

Sources:

https://www.pewresearch.org/short-reads/2023/04/21/biden-administration-further-expands-temporary-protected-status-to-cover-afghanistan-cameroon-ukraine/

https://www.uscis.gov/humanitarian/temporary-protected-status