Understanding Temporary Protected Status (TPS): Who Qualifies and What It Provides
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What Is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a humanitarian immigration benefit provided by the United States government to nationals of certain countries facing extraordinary conditions. These conditions may include armed conflict, environmental disasters, or other temporary but severe circumstances that make it unsafe for individuals to return to their home country.
TPS allows eligible individuals to remain in the United States temporarily and receive important legal protections, including the ability to work and protection from deportation. At Lively Law Firm, we assist immigrants in understanding and applying for TPS to help them remain lawfully in the U.S. during times of crisis.
Who Qualifies for TPS?
Not everyone from a designated country automatically qualifies for TPS. Applicants must meet the following criteria:
- Nationality: You must be a national of a country that has been designated for TPS by the U.S. Department of Homeland Security (DHS), or a person without nationality who last resided in such a country.
- Continuous Physical Presence: You must have been continuously physically present in the U.S. since the effective date of the TPS designation for your country.
- Continuous Residence: You must have continuously resided in the U.S. since the date specified by DHS.
- Timely Registration: You must file during the open initial registration or re-registration period, or meet the requirements for late initial filing.
- No Disqualifying Criminal Record: You must not have been convicted of any felony or two or more misdemeanors committed in the U.S., nor be otherwise barred due to national security or other inadmissibility issues.
Each TPS designation has its own deadlines and residence requirements, so it’s important to consult with an immigration attorney for up-to-date and personalized guidance.
What Does TPS Provide?
TPS offers the following key protections:
- Protection from Removal: While under TPS, individuals cannot be deported from the U.S.
- Employment Authorization: TPS beneficiaries are eligible to apply for an Employment Authorization Document (EAD), which allows them to work legally.
- Travel Authorization: TPS holders can request permission to travel abroad and reenter the U.S. through a travel document.
It’s important to note that TPS does not provide a path to lawful permanent residence (a green card) or citizenship. However, it can be a critical lifeline for individuals facing unsafe conditions in their home country.
How Lively Law Firm Can Help
Applying for TPS involves strict deadlines and detailed documentation. At Lively Law Firm, we provide legal assistance to immigrants navigating TPS and other immigration matters. Our team can help you determine eligibility, gather supporting documents, complete the necessary forms, and ensure everything is filed properly and on time.
We understand the challenges immigrants face and are here to provide clear, compassionate, and reliable legal guidance.