Tag Archives: Temporary Protected Status

Questions and Answers Regarding TPS (Temporary Protected Status)

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Will I be able to obtain a work permit from USCIS?

If your TPS application is approved, you may receive your Employment Authorization Document (EAD) if you requested your EAD at the same time as your TPS application.  For an EAD, you must submit the appropriate application and USCIS.  Applicants who already have or do not wish to receive employment authorization still must submit a completed USCIS form, but without the required fee.

May I travel outside the United States?

If you are granted TPS, you must remain continuously physically present in the United States. The grant of TPS status does not mean that you have permission to travel abroad.  In some cases, limited permission to travel may be granted by the district director in accordance with the advance parole regulations.

Failure to obtain advance parole prior to traveling abroad may result in the withdrawal of your TPS.  This may subsequently put you at risk of removal or deportation.

How can I check the status of my application?

You can contact the USCIS office that received your application to ask about your case status.  Be prepared to provide the USCIS staff with specific information about your application.

If my application is rejected by USCIS, may I appeal?

If your application for TPS is denied, you may have the option to appeal.  You will receive instructions telling you whether or not you are allowed to appeal the decision.  These instructions will be included in the notice of denial.

People from El Salvador, Guatemala and Honduras Can Be Admitted as Refugees

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Numbers of Central American Refugees Allowed into the United States is Decreased, but President Obama wants to Promote the Development of New, Safer Options for Those in Need

International and United States immigration law states that refugee status “may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion.”  The freedoms and opportunities the U.S. offers has made America the country of choice for many refugees.  The Presidential 2015 fiscal year memorandum stated that El Salvador, Guatemala and Honduras are eligible to be considered refugees “for the purpose of admission to the United States within their countries of nationality or habitual residence.”   These countries, known as the “Northern Triangle”  are the only Latin American countries, along with Cuba, to be part of the list.  However, President Obama also noted in the memo that the number of 2015 allotments for refugees from South America was being decreased to 4000, which is 1000 slots fewer than in 2014.  The President did encourage the development of new programs that would allow individuals to apply for refugee status from within their own countries.  This type of program was implemented successfully in countries like Haiti and Vietnam, with the goal of preventing dangerous trips to the United States.  If you have questions about whether you qualify for refugee status, please call or email Your Immigration Angel today!

How to Apply for Temporary Protected Status (TPS)

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How do I apply for TPS from USCIS?

If you are applying for Temporary Protected Status  (TPS) for the first time, you must  submit an Application for Temporary Protected Status to USCIS with the appropriate filing fee.  You will have to provide evidence to prove your identity and nationality, proof of residence, and, if you are age 14 or older, a fee for biometric services.  If you are between the ages of 14 and 65 and want employment authorization, you should also complete and submit an Application for Employment Authorization to USCIS with the appropriate fee.  Applicants who already have or do not wish to receive employment authorization still must submit a different USCIS Form.

If you are granted TPS, you must re-register with the USCIS for each period that your TPS benefits are extended. To re-register, you must complete and submit two separate applications and any applicable fees to USCIS during the period stated in the Federal Register notice of extension of the TPS designation. If you do not re-register each period, your TPS may be withdrawn.  This is a very time sensitive application and you want to make sure that you are submitting the correct paperwork and fees to USCIS.  If you need any help in applying to re-register for TPS, please feel free to call or email today!

Temporary Protected Status for El Salvador Extended

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Temporary Protected Status (TPS) for El Salvador Extended for Another 18 Months!

The Secretary of the Department of Homeland Security has extended the Temporary Protected Status (TPS) period for eligible nationals of El Salvador.  The extension will increase the protected status for an additional 18 months.  The extension goes into effect on March 10, 2015 through September 9, 2016.

How To Apply:

Current Salvadoran beneficiaries of TPS seeking to extend their TPS status must re-register during the 60 day period that runs from January 7, 2015 – March 9, 2015.

El Salvadoran nationals applying for TPS for the first time may only apply if he or she has resided in the United States since January 7, 2015 and have been continuously physically present since April 1, 2015.

Syrian Nationals and Temporary Protected Status (TPS)

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Re-designation and 18 Month Extension for Syrian TPS Holders

The Secretary of Homeland Security has re-designated Syria for Temporary Protected Status (TPS). This means that the existing TPS designation for Syria now covers April 1, 2015 through September 30, 2016.  Eligible nationals of Syria may register or re-register for TPS and remain temporarily living and working in the United States.

How to Apply

Current Syrian beneficiaries of TPS seeking extension of status must re-register during the 60 day period starting on January 5, 2015 and ending on March 6, 2015.

Syrian nationals applying for the first time may apply starting April 1, 2015.  To be eligible, you need to have resided in the United States since January 5, 2015 and have had continuous physical presence in the United States since April 1, 2015.

What is Temporary Protected Status?

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What is Temporary Protected Status?

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Temporary Protected Status (TPS) is a temporary immigration status that may be granted to eligible nationals from certain designated countries.

Who Is Eligible for TPS?

The Secretary of Homeland Security may designate a country for TPS when it is determined that:

  • There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety;
  • The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation; or
  • There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Secretary finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the United States.

What does TPS mean to you?

If you are a TPS beneficiary, you will not be required to leave the United States.  You may obtain work authorization during the initial time period of your stay in the U.S. under TPS, as well as for any TPS extensions.  It is important to note that TPS does not lead to permanent resident status.

A TPS designation is effective for a minimum of 6 months and a maximum of 18 months. Before the end of the TPS designation period, the Secretary will review the conditions in the designated state and determine whether the conditions that led to the TPS designation continue to be met. TPS designations can be terminated or extended for 6, 12, or 18 months.  If the Secretary of Homeland Security determines that the TPS for individuals from your country of origin is not necessary any longer and the status is terminated, you will return to the same immigration status that you held before entering into TPS.

It is important that you apply correctly for TPS if you are eligible and seek qualified legal counsel to ensure that you are taking the correct steps in your immigration journey.