Temporary Protected Status

Immigrating to the United States involves navigating both state and national law. There are several key terms and concepts that you may qualify for. At Esani & Momin P.C., we are here to guide you and make the process as smooth as possible. We are your Sugar Land immigration attorneys and will fight for you.

What is Temporary Protected Status?

Temporary Protected Status, or TPS, is a temporary immigration status for foreign nationals from certain countries.

Temporary Protected Status includes a stay of deportation, which prevents deportation, and a work permit. If granted TPS, you will receive temporary authorization to work in the United States.

Several lengths of time or designations are available as part of the TPS program. These designations are:

• Six months
• 12 months
• 18 months

TPS was created in the Immigration Act of 1990 by the U.S. Congress. The Secretary of Homeland Security can designate a country’s nationals as eligible for Temporary Protected Status. The Secretary will consult with other U.S. agencies, such as the National Security Council and the Department of State, as part of this process.

The Secretary will evaluate these designations regularly and must provide at least 60 days’ notice before terminating TPS for a particular country. This needs to be recorded in the Federal Register. If the Secretary does not address Temporary Protected Status for a country by that timeline, it is extended for six months automatically.

There is no specified limit to how long a nation can be considered for TPS. After the TPS designation ends, you return to your previous immigration status.

TPS is a temporary process and does not provide a path to permanent citizenship in the United States. You can apply for permanent citizenship in parallel if applicable to you.

Who can qualify for Temporary Protected Status?

TPS applies to the nationals of certain countries. These countries are considered unsafe or difficult to deport. This can mean an environmental disaster or ongoing armed conflict, such as a civil war. The situation can be dangerous for the immigrant to land back in their country of origin.

In addition to the above criteria, you need to meet the following to qualify:

• You have been physically present in the U.S. since the effective date of designation.
• You have lived in the U.S. since a date the Secretary of Homeland Security specifies.
• You are not barred from asylum due to criminal charges or national security reasons. Criminal charges can include any felony or at least two misdemeanors.

What Should I Do to File for Temporary Protected Status?

You will need to apply if you are eligible for TPS, as it is not automatic. You apply to U.S. Citizenship and Immigration Services using Form I-821. You should submit this application during a specific registration period, and it does have associated fees to be aware of.

Your immigration status at the time of application will not affect your eligibility for Temporary Protected Status. You may travel outside the United States if you apply for advance parole. This would be part of a separate process.

Seek an Immigration Lawyer to Help You

An immigration lawyer can help you submit your application to the U.S. Citizenship and Immigration Services agency and help you navigate the process of immigration. If you are unsure if you are eligible, you can reach out to Esani & Momin P.C., your Sugar Land immigration experts.