TPS Immigration Lawyer
TEMPORARY PROTECTED STATUS IMMIGRATION LAWYER
Are You Temporarily Unable To Safely Return Home . . .
Due To An Environmental Disaster, Civil Strife, Or Other Severe Conditions?
Then seeking refuge under temporary protected status may be the answer to your worries.
If you qualify for TPS status:
Later, you may be able to adjust your immigration status to permanent residence, and obtain a green card and earn citizenship.
Immigration Attorney TPS Services
At present, 13 nations are certified for special humanitarian treatment under temporary protected status.
This means only immigrants from these countries are eligible to seek TPS benefits.
The number of eligible immigrants varies country-by-country. TPS population estimates range from a low of 300 Somalians to a high of 217,000 Salvadoreans.
Since countries are awarded TPS at different times, their expiration and re-registration dates also vary.
TPS Dates At A Glance
1. El Salvador
8. Sierra Leone
11. South Sudan
As the chart above shows:
Country Expiration Dates
If you’re from one of the 13 presently-designated TPS countries, you must keep track of important cut-off dates. Perhaps the most important is the expiration date of your TPS status.
If temporary protected status is going to be renewed for your country, the new registration period period usually begins about three months beforehand.
Here is a list of the key expiration dates to keep in mind.
UPDATE: Termination Of Guinea, Liberia, And Sierra Leone TPS Status
On September 22, 2016, The Department of Homeland Security (DHS) announced the decision to terminate TPS benefits for Guinea, Liberia, and Sierra Leone.
The widespread transmission of the Ebola Virus that led to their Temporary Protected Status is now under sufficient control, allowing immigrants from these nations to return in safety. Their TPS designation will expire on May 21, 2017.
- December 24, 2016
- March 3, 2017
- March 17, 2017
- July 22, 2017
- November 2, 2017
Sudan TPS and South Sudan TPS
- January 5, 2018
Honduras TPS and Nicaragua TPS
- March 9, 2018
El Salvador TPS
- March 31, 2018
- Kuwait – 1991 to 1992
- Lebanon – 1991 to 1993
- Liberia – 1991 to 2007
- Bosnia–Herzegovina – 1992 to 2001
- Rwanda – 1995 to 1997
- Sierra Leone – 1997 to 2004
- Burundi – 1997 to 2009
- The Kosovo Province of Serbia – 1998 to 2000
- Angola – 2000 to 2003
Nations Seeking TPS Status
What is Temporary Protected Status?
TPS, short for Temporary Protected Status, was created as part of the Immigration Act of 1990 (IMMACT).
TPS allows the Attorney General to provide immigrants with a temporary lawful immigration status if they are unable to safely return to their home country due to an environmental disaster, armed conflict, or other severe temporary conditions.
While granted TPS status, immigrants are allowed to stay in the United States and obtain work authorization.
Does TPS Lead To Permanent Residence And Green Cards?
Temporary Protected Status does not directly lead to permanent resident status. However, due to marriage or other situations, immigrants can legalize their status while still under TPS protections.
Yet, USCIS has been unwilling to consider a grant of Temporary Protected Status as a legal admission, thereby limiting the ability of TPS beneficiaries to adjust status to permanent residency.
There are indications this policy will be changed in the near future.
When a TPS designation ends, immigrants return to the same immigration status they had before they registered for TPS (unless they were able to change their status as through marriage).
A Short History Of Temporary Protected Status
Since its birth, TPS has provided citizens and nationals from several nations a temporary safe haven in the United States:
Due to natural disasters, drug wars, domestic insurgencies, and other extraordinary situations, many other countries have sought TPS status, but been unsuccessful: Bangladesh, Colombia, India, Indonesia, Kenya, Malaysia, Maldives, Myanmar, Pakistan, Peru, Seychelles, Sri Lanka, Tanzania, Thailand.
Temporary Protected Status Requirements
In general, to qualify for TPS status:
- You must be a national of a country designated for TPS, (or a person without a nationality who last resided in the designated country)
- You must have been continuously physically present in the United States since the most recent TPS designation date for your country
- You must have continuously resided in the U.S. since the date specified for your country
- You must not have been convicted of certain crimes or be deemed inadmissible due to activities such as persecution of others or engaging in terrorism
You must properly complete and file all TPS documents before the filing deadline. Late registration is allowed during an extension of your country’s designation period, if you meet certain requirements.
Once you are granted TPS, you must re-register during each re-registration period to maintain your TPS status.
Don’t be fooled by the simple application forms. Immigration requirements are not as simple as they seem.
For example, you need to prove your nationality but the building which kept your records has been destroyed. Or you left the U.S. briefly, and you’re not sure if you can meet the continuous residence requirement.
Alternatives To TPS: Deferred Departure And Voluntary Departure
Even before the birth of TPS, the government provided relief by suspending the deportations of immigrants from specified countries.
Two mechanisms were used: Deferred Departure or Deferred Enforced Departure (DED) and Extended Voluntary Departure (EVD).
Both of these programs still exist today.
Unlike TPS, you cannot register for DED or EVD. Instead, if you or a family member are detained for deportation purposes, the protections are automatically triggered.
On the other hand, like TPS, while you are in DED or EVD status, you can seek authorization to work in the U.S.
Extended Voluntary Departure
Extended Voluntary Departure was often used before the enactment of TPS. Since that time, the government has continued to utilized DVD protection, though on a less frequent basis.
Countries which have been granted DVD protections include:
- Dominican Republic
Deferred Enforcement Departure
DED has not been used as extensively as EVD. Nonetheless, its impact has been equally significant.
For instance, when TPS for El Salvador expired in 1992, the government granted DED protections to nearly 190,000 Salvadorans. El Salvador was later regranted TPS status on March 9, 2001.
The government also granted DED to 80,000 Chinese citizens following the Tiananmen Square massacre in June 1090.
Liberians have been long-standing beneficiaries of mixed TPS and DED relief from deportation for over 20 years.
In March 1991, following the outbreak of civil war, Liberia was granted TPS benefits. In September 1999, when their TPS designation expired, Liberians were given DED.
In October 2002, Liberia was re-designated for TPS, a status which continued until 2007. At that time, Liberia was again accorded DED protection.
UPDATE: DED Status For Liberia Extended
UPDATE: On September 28, 2016, President Obama extended DED status and authorization for employment for qualifying Liberians an additional 18 months, up through March 31, 2018.
If you’re unable to safely return home due to an natural disaster, civil strife, or other severe conditions . . .
. . . the Immigration Law Office of Carlos Batara is ready to help you and your family members win TPS benefits.