If you’re a refugee in the U.S., you have likely heard of Temporary Protected Status as a way to allow you and your loved ones to stay legally in the country, but you might not know the details or how to receive this special status. Read on to find out.
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a humanitarian program administered by the United States Citizenship and Immigration Services (USCIS). It offers temporary legal status and work authorization to nationals of designated countries that are experiencing extraordinary conditions preventing their safe return. These conditions may include ongoing armed conflict, environmental disasters, epidemics, or other significant events. TPS provides a temporary haven, allowing individuals to live and work in the US without fear of deportation while their home country remains unsafe.
TPS is not a pathway to permanent residence or citizenship; it is a temporary solution intended to provide relief until conditions in the designated countries improve. TPS designations are periodically reviewed, and the Department of Homeland Security (DHS) may extend or terminate the status based on the situation in the designated countries. If you’re considering applying for TPS, it’s crucial to understand the program’s requirements and stay informed about any changes that might affect your status.
10 Tips to Help You Apply For Temporary Protected Status in the U.S.
1. Understand TPS Eligibility Requirements
Before you apply, make sure you understand the eligibility requirements for TPS. Generally, you must be a national of a designated country or a person without nationality who last habitually resided in the designated country. You must also have been continuously physically present in the US since the effective date of the TPS designation and meet continuous residence requirements. Additionally, you must not be ineligible due to certain criminal convictions or other disqualifying factors.
2. Stay Informed About TPS Designations and Deadlines
TPS designations and deadlines can change based on the conditions in designated countries. It’s crucial to stay updated on the latest information from the USCIS website or other reliable sources. Missing a registration or re-registration deadline can jeopardize your TPS status.
3. Gather Necessary Documentation
Accurate and thorough documentation is vital for a successful TPS application. Commonly required documents include proof of identity and nationality (such as a passport or birth certificate), evidence of continuous residence and physical presence in the US (like utility bills, rent receipts, or school records), and any other documents specified by USCIS. Ensuring you have all necessary documentation before applying can prevent delays and complications.
4. Seek Legal Assistance
Navigating the TPS application process can be complex, and legal assistance can be invaluable. An experienced immigration attorney or a qualified legal aid organization can provide guidance, help you complete your application accurately, and represent you if any issues arise. Many organizations offer free or low-cost legal services to immigrants.
5. Complete Form I-821 Accurately
Form I-821, Application for Temporary Protected Status, is the primary form you must submit to apply for TPS. Take your time to complete this form accurately and thoroughly. Mistakes or omissions can lead to delays or denials. Review your application multiple times and consider having a legal professional review it as well.
6. Include Form I-765 for Employment Authorization
If you wish to work while your TPS application is pending or after it’s approved, you need to submit Form I-765, Application for Employment Authorization. This form can be submitted along with your Form I-821 or separately. Having employment authorization can significantly improve your ability to support yourself and your family while you’re in the US.
7. Pay the Required Fees or Request a Fee Waiver
TPS applications require fees, which can vary based on your age and whether you’re also applying for employment authorization. It’s important to pay these fees or, if you cannot afford them, request a fee waiver using Form I-912, Request for Fee Waiver. Ensure you provide adequate proof of your financial situation if applying for a fee waiver.
8. Keep Records of Your Application and Correspondence
Maintain copies of all documents you submit and any correspondence you receive from USCIS. This includes your application forms, supporting documents, fee receipts, and notices from USCIS. Having a complete record will help you track your application status and address any issues that may arise.
9. Attend Biometrics Appointment
After submitting your TPS application, you will receive a notice for a biometrics appointment, where your fingerprints, photograph, and signature will be collected. Attending this appointment is mandatory. Missing it can result in delays or denial of your application. Make sure to bring the required identification documents to the appointment.
10. Stay Updated on Your Case Status
Regularly check the status of your TPS application through the USCIS website using your receipt number. This will help you stay informed about any updates or additional requirements. If there are delays or issues, you can address them promptly.
Conclusion
Applying for Temporary Protected Status in the US can be a lifeline for immigrants from designated countries. By understanding the requirements, gathering necessary documentation, seeking legal assistance, and staying informed, you can navigate the application process more effectively. Remember, thorough preparation and attention to detail can significantly increase your chances of securing TPS and the protections it offers.
To get expert guidance in seeking Temporary Protected Status (TPS) for yourself or your loved ones, sign up for a free consultation today with the top immigration attorneys at Herbert Law Group.
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