Temporary Protected Status (“TPS”) is a form of protection which allows individuals from specifically designated countries to remain in the United States temporarily. TPS is aimed to protect individuals who cannot return to their country of birth because of emergent circumstances like natural disaster, war, or other “extraordinary and temporary” conditions which prevent safe return.
Am I Eligible for TPS?
1. Country of Nationality
To be eligible for TPS, an individual must be from a country designated by Congress for TPS. Nationals of these countries are eligible to register for TPS as long as the country continues to be redesignated by Congress. Currently Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Syria, Somalia, Sudan, South Sudan, Ukraine, Venezuela, and Yemen are designated for TPS.
2. Continuous Residence and Physical Presence
When Congress designates a country for TPS, it also sets residency and physical presence requirements. These vary by country.
- Continuous Residence
Individuals eligible for TPS must be able to show they resided in the United States from the date designated by Congress. For example, the continuous residency date for Somali individuals is July 12, 2024. When applying for TPS, those individuals must show they have been residing in (living in) the U.S. since July 12, 2024. This can be shown through a lease, bills, bank statements, affidavits – any proof that shows an individual has been inside U.S. borders and calling the U.S. their place of residence since the designated date.
- Continuous Physical Presence
Similarly to continuous residence, individuals must also show they were physically present in the United States from the date designated by Congress. Using the example of Somalia, a Somali individual must show they have been physically present in the United States since September 18, 2024 to be eligible for TPS. This requirement is very similar to continuous residence, but varies slightly in the way of seeking to verify that the individual has actually been in the United States since the designated date. Evidence used to substantiate this aspect of a TPS application often includes entry stamps, passport foils, visas, airline tickets – at its core, proof of when the individual entered the United States.
3. Registration Period
Individuals must register or re-register for TPS within certain time periods. Continuing to use Somalia as an example, Somali individuals who seek initial registration must apply between July 22, 2024 and March 17, 2026. Individuals who are reregistering must apply between July 22, 2024 and September 20, 2024.
Frequently Asked Questions
1. Can I apply for TPS if I am currently in removal proceedings or have a pending asylum claim?
- Yes, individuals in removal or with pending asylum cases can apply for TPS.
2. Can I get work authorization via TPS?
- Yes. Individuals can submit Form I-765, Application for Employment Authorization concurrently with their TPS application. However, an individual is not eligible to begin work until the receipt of their employment authorization card.
3. How do I apply for TPS?
- Individuals can apply for TPS via Form I-821, Application for Temporary Protected Status, alongside the evidence mentioned above.
Conclusion
Understanding and applying for Temporary Protected Status (TPS) is crucial for individuals from designated countries who cannot safely return home due to extraordinary circumstances. TPS provides protection and the opportunity to work legally in the United States. Ensuring compliance with the continuous residence, physical presence, and registration requirements is essential.
Schedule a Consultation with an Immigration Lawyer
Citations
- https://www.uscis.gov/humanitarian/temporary-protected-status
- https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-somalia
- https://www.uscis.gov/i-821
If you have questions regarding Temporary Protected Status (TPS), We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.