What is Temporary Protected Status?

What is Temporary Protected Status?

Ruined Countries Refugees Etc

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.

Did You Know that Your Military Service May Provide You with U.S. Citizenship by Naturalization?

soldier and flag

You may be eligible for U.S. Citizenship by naturalization through one year of military service during peacetime.  If you served honorably in the U.S. armed forces for one year at any time, you may be eligible to apply for naturalization, or “peacetime naturalization.”    While some of the general naturalization requirements apply to qualifying members or veterans of the U.S. armed forces seeking to naturalize based on one year of service, other requirements may not apply or are reduced.

To be eligible, you must establish that you:

  • Are 18 years of age or older
  • must have served honorably in the U.S. armed forces for at least one year
  • must be a lawful permanent resident (LPR) at the time of examination on the naturalization application.
  • must meet certain residence and physical presence requirements.
  • must demonstrate an ability to understand English including an ability to read, write, and speak English.
  • must demonstrate knowledge of U.S. history and government.
  • must demonstrate good moral character for at least five years prior to filing the application until the time of his or her naturalization.
  • must have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law.

It Doesn’t Matter Where You Live in the United States!   If You and Your Same Sex Spouse were Married in a State that Recognizes Same Sex Marriage, You Can Petition for Your Spouse’s Green Card!

 

 wedding birds flags

You and your same sex spouse may be currently living in a state that does not recognize the validity of your marriage.  USCIS evaluates the marriage of any U.S. citizen or lawful permanent resident petitioner, based on the laws of the State or place where the marriage took place.  As long as the State, territory or foreign country that performed the marriage recognizes the marriage, then it is valid for U.S. immigration law.  An individual may live in a State that does not accept gay marriages as legal and still file for his or her noncitizen spouse.  Immigration laws can be tricky to navigate; if you need assistance, call or email Your Immigration Angel for your free initial consultation.

The Two Paths to a Marriage Based Green Card from United States Citizenship and Immigration Services: Which is Right For YOU?

artsy flag

There are two paths to apply for a marriage based green card.  Which path is right for you depends on your individual circumstances.  The two methods are:

1.)   If you are outside of the United States, then you can apply through a consular process and have your interview at the U.S. consulate in your county.

2.)  If you are currently in the United States, then you can apply to adjust status from within the U.S. and you will have the interview in the U.S.

If you are in the U.S., the USCIS will review your application based on if you came into the U.S. with an inspection or entered the U.S. without an inspection.  If you have fallen out of lawful status but you entered the U.S. legally, and had an inspection by an immigration official, you can generally obtain your green card from within the U.S.   If you are in the U.S. without lawful status, then you cannot change your status from within the U.S.  You will have to return to your home country to proceed through a consular process unless you qualify for an exception to this general rule as the spouse of a U.S. citizen.  Immigration law is very complicated and errors or problems with your petition for a green card can ruin the chances for success now and in the future.  For assistance with your marriage based green card, please contact Your Immigration Angel today!

Lawful Permanent Resident? You can Bring your Spouse and Child(ren) to the U.S.!

family immigration

As a lawful permanent resident (LPR) of the United States, you are allowed to live in the United States indefinitely even if you are still a foreign national.  Permanent residency also entitles you to work in the United States and to travel in and out of the United States without seeking additional visas or permissions.  However, what is usually most important to many LPRs is the ability to petition for a foreign spouse or child(ren) to be granted permanent residency through a green card.  You can petition for your spouse and children and there are always green cards available, because they are immediate relatives!  For more information on petitioning for your spouse and child(ren), contact Your Immigration Angel today!

The Violence Against Women Act: Helping Undocumented Immigrants Suffering from Domestic Abuse

abused woman

The Violence Against Women Act or VAWA, provides wide-ranging support and comprehensive immigration law benefits for victims of domestic violence.  VAWA has also provided a foundation for federal financial support, as well as additional guidance for state and local law initiatives.  There has been significant progress in addressing the domestic violence crimes against immigrants.  However, many abused immigrant men and women are unsure of their rights.  If you or someone you know is being abused or thinks they are being abused and is an immigrant, please, feel free to contact Your Immigration Angel for a free consultation today.

 

Is BIG Immigration Reform Around the Corner?  Actions Speak Louder Than Words! 

Passport immigration stamp

Although President Obama has yet to issue any statements or take official actions on immigration reform, it seems very likely that the government is gearing up ahead of a new immigration initiative.  On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) drafted a request for bids from potential vendors  for supplies “to support possible future immigration reform initiative requirements.”  These vendors specifically must be capable of handling a scenario of 9 million ID cards issued in one year.  The agency seeks to buy the materials need to construct both Permanent Residency Cards (PRC) aka “Green Cards,” and Employment Authorization Documentation (EAD) cards, also used for the “Deferred Action for Childhood Arrivals” (DACA) program instituted by President Obama in 2012.  The proposal request indicates that the agency will need a minimum of four million cards per year.  However, a “surge” predicted in 2016 would mean the agency would need an additional five million cards – more than double the baseline annual amount for a total of 9 million.

It is rather telling that the proposal request also states that: “The guaranteed minimum for each ordering period is 4,000,000 cards. The estimated maximum for the entire contract is 34,000,000 cards.”  These actions tend to indicate that immigration reform is coming, and in a substantial way! Stay tuned…