Temporary Protected Status, or TPS, refers to a temporary immigration status. TPS is available for residents of countries that are going through violence or upheavals. If your country is going through war, natural disasters, political turmoil, etc., you can seek Temporary Protected Status in the United States. San Jose TPS lawyers help asylum seekers get immigrant status in the United States by assisting them through the legal process.
Why Should You seek Temporary Protected Status?
Do you want to move to the United States in search of a better and safer life? If yes, getting a Temporary Protected Status is one of the easiest ways to legally reside in the country and enjoy all your civil rights.
It’s also possible to convert your temporary immigrant status to permanent immigrant status. Moreover, you can start looking for employment opportunities while you reside in the United States as a temporary immigrant. You can also travel to other countries during this period. If you have already filed for separate immigrant status and haven’t had any progress, filing for the temporary protected status could be your key to living in the United States.
Asylum vs Temporary Protected Status
Asylum and TPS are not the same thing. There are some core differences between the two. For example, asylum is granted to individuals while Temporary Protected Status is granted to countries and regions. If you are living in a war-torn country, it’d be much easier for you to get Temporary Protected Status even if your life is not under immediate threat. Asylum, on the other hand, is granted only when there is a direct threat to your life and well-being in your present country.
Traveling to other countries while seeking asylum is possible, but generally discouraged. It may also weaken your case for permanent residency in the United States. But traveling is permissible when seeking Temporary Protected Status.
While TPS is a temporary status, it still allows you to do the following:
- Apply for non-immigrant status
- File for adjustment of status
- Apply for immigration benefits and protections that you are eligible for
The application for asylum is different from the applicant for TPS, and the former is much more detailed and nuanced. It’s also comparatively more complicated to get asylum status in the United States. You will have to furnish proof of a threat to your life to get asylum.
TPS application is much more straightforward. A competent TPS lawyer will walk you through the process and its nuances. While TPS is a temporary status, it’s easier to get employment and work authorization while filing for it.
Temporary Protection Status is granted to entire countries and not individual citizens. As a result, you would be eligible for it only if you live in the following countries:
- South Sudan
- El Salvador
- Burma (Myanmar)
You can file for TPS and asylum simultaneously, and one doesn’t have any effect on the other. You will get all immigration benefits that you are eligible for, irrespective of your immigrant status (TPS or asylum seeker).
Eligibility for Temporary Protection Status
A temporary protection status lawyer will clearly explain to you the eligibility requirements for TPS. Here are some of the key things about TPS eligibility that you should know:
- You must be a resident of a country that’s granted TPS status
- You must file for TPS during the initial registration or re-registration period, or you must meet the requirements for late initial filing during the extension of the country’s TPS designation
- You must have been physically present in the United States since the date your country was granted TPS designation. However, there are provisions for casual, innocent, or brief departures from the United States
These are the basic eligibility requirements to be granted Temporary Protection Status. If you have difficulty understanding whether you are eligible for TPS or not, get in touch with a TPS attorney.
There are specific conditions under which you will not be eligible for TPS designation. Here’s what you need to know to avoid being disqualified for the TPS status:
- You should not be convicted of any felony in the United States
- You should not have two or more misdemeanors in the United States
- You should not be involved in the persecution of another individual
- You should have no association with any terrorist organization
- You have not resided continuously in the United States
- You fail to re-register for TPS
As long as you meet all the conditions for TPS, it should not be difficult to get temporary immigrant status in the United States. The process becomes much easier when you have a competent and experienced TPS lawyer working for you.
Apart from these factors, you should also have evidence of your citizenship in a TPS-designated country. You also need evidence to show when and how you entered the United States and how long you have been living there. TPS application fees can be waived if you are unable to afford the application fees.
You can check out all the TPS-related forms at the official US Citizenship and Immigration Services website.
Why You Need a TPS Lawyer
If you are thinking about filing for TPS, the first thing you must do is get in touch with a lawyer well-versed in TPS laws and regulations. There are various reasons for that, the most important being the fact that TPS processes are complicated. It will be very difficult to go through the entire process without proper legal assistance.
Moreover, people seeking TPS are often in a distraught position themselves. It can be especially difficult to go through the paperwork and documentation processes at a time when you are not in the best mental and emotional shape. Apart from helping you through the legal process, a TPS lawyer will also provide you the space to focus on other urgent issues.
Yemi Getachew’s Immigration Law Office is here to help you with everything related to Temporary Protection Status. Consult with experienced TPS lawyers to have all your queries and doubts answered.