If you are in the United States without lawful immigration status, you may qualify for temporary protections that prevent immediate removal from this country. The Immigration Act of 1990 established a class of people from countries where the situation is such that they may face danger if the U.S. repatriates them. This temporary protected status (TPS) can protect you when facing a difficult situation in your home country.
Speak with an immigration law attorney to learn more about your rights and whether you qualify for TPS.
The right immigration lawyer will review your circumstances and identify the best options for immigration protections or benefits available to you under the law. They can then oversee any applications you must file to pursue protections like TPS to avoid errors or unnecessary delays or denials.
Why Congress Initiated TPS
Congress passed the TPS into law to provide humanitarian relief to people who may experience hardship should they return to their home countries. However, the program is temporary. It is not a pathway to citizenship, and there is no expectation that you may remain in the United States permanently. You may remain here so long as the situation persists in your home country, such that you may face danger if you return.
You must meet two general qualifications before you can qualify for TPS. The first set of qualifications relates to the country from which you came. The second requirement relates to your eligibility to remain in the United States.
Why Your Country May Be Included as Part of TPS
The Secretary of Homeland Security can decide whether an individual country meets the requirements for TPS. They can consult other heads of agencies before they make this determination.
The Secretary may include a country on the list because of:
- An ongoing armed conflict in the country
- An environmental disaster, such as an earthquake
- Other extraordinary conditions
Most people who are here with TPS designations come from war-torn countries. However, residents in the country from Haiti gained TPS after the country’s devastating earthquake.
Once a country receives TPS designation, the Secretary must periodically renew it. They may make the designations for six, 12, or 18 months.
When a designation is 60 days from expiration, the Secretary decides whether to keep the country on the list based on conditions in the home country. Theoretically, if a war ends or conditions improve, a country can exit the list.
You Must Individually Meet the Requirements to Qualify for TPS
Then, the individual must also meet their own set of immigration requirements to qualify for TPS. The individual must qualify for admission to the United States. National security reasons or a criminal record may disqualify them.
Certain convictions can make you subject to removal from the country. In addition, the U.S. may deny you TPS (or deport you from the country) for two or more misdemeanors.
Still, the authorities have some discretion about what crimes can disqualify you for TPS.
You do not automatically qualify for TPS by coming from a country on the list. You must apply for TPS, and USCIS will consider your application, similar to other types of immigration benefits. In addition, you need to register again for TPS every time that the Secretary extends your country’s inclusion on the list. You apply for TPS by submitting a Form I-821.
USCIS will review your information before deciding whether you qualify.
There Are Some Limitations to TPS
Temporary protected status means exactly that - you are protected from facing any challenges to your ability to remain in the United States, so long as you remain eligible.
So long as your home country remains on the list of TPS countries and you do not otherwise violate residency conditions in the United States, the government cannot send you home. While you are in the United States, you may work.
However, qualifying for TPS is different from receiving asylum in this country. The government can deport you to your home country if the Secretary removes it from the list of countries that qualify for this program.
Why You Need an Immigration Law Attorney
The regulatory landscape for the TPS is continuously shifting. First, there is always some uncertainty about whether your home country will be recertified when the current period expires.
You need to stay aware of what happens to plan your life. Your immigration lawyer should keep you abreast of any developments affecting your status in the United States.
You should seek the help of an immigration lawyer when you are applying for TPS. You do not want to encounter any roadblocks or hurdles with your application because the stakes are very high for you personally.
The last thing that you want is a denied application. Then, the government can remove you from the United States.
You should certainly contact an immigration law attorney if your application has been denied. The law allows you to appeal your denial through the administrative law process.
The first step in your appeal is to seek a review of the decision from the USCIS Administrative Appeals Office.
Alternatively, you may seek to have your case heard by an immigration judge who will review the decision. Even though you are not a United States citizen, under the law, you deserve due process and a day in court.
An immigration law attorney can represent you in your appeal, presenting your strongest legal arguments to the judge or the reviewing authority.