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Temporary Protected Status

Homeland Security may designate a foreign country for Temporary Protected Status (TPS) due to an ongoing armed conflict, an environmental disaster, an epidemic or another extraordinary and temporary condition in the country. However, to file and keep your TPS current you must pay attention to U.S government alerts, current filing dates, re-registration periods, extensions all of which are changing all the time. Let our experienced law firm walk you through the process. Currently TPS designation applies to El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria and Yemen.

TPS Eligibility:

  • Are a national of a country designated for TPS, or you have no nationality but last habitually resided in the designated country.
  • Have been continuously physically present in the United States since the effective date of the most recent TPS designation for your country.
  • Have been continuously residing in the United States since the date specified for your country
  • Have not been convicted of any felony or two or more misdemeanors committed in the United States.
  • Are admissible as an immigrant

It is also important to note that if your native country has been designated a TPS nation because of violent conflict or political turmoil, you might be able to apply for asylum. However, if you need to work immediately, we suggest first applying for TPS, as you will not be able to get a work permit as an asylum seeker because of a 2019 USCIS Rule change. The new rule changes the 30-day timeline for review of work permit (EAD) requests with asylum. Currently, work permits (EAD) are only granted when your asylum case is approved which could take weeks, months or years in certain circumstances; or if a certain time period has passed since you filled your complete asylum application and no decision has been made on your application.

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Some of the benefits of filing for TPS include:

  • Are not removable from the United States.
  • Are authorized to work and can obtain an Employment Authorization Document.
  • May be granted travel authorization.
  • Once granted TPS, you cannot be detained by DHS because of your immigration status in the United States.

Call our office today as TPS is extremely time sensitive.

Please note that laws around asylum, refugee status and TPS are constantly changing. Therefore, the information in this section may be out of date. This information is provided for information purposes only and should not be relied upon. Please contact our law firm for updates.

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