The Immigration Act created Temporary Protected Status (TPS) in 1990, and there are currently more than 700,000 people with it. The TPS is a non-permanent immigration status that the US government gives to eligible people from certain countries who cannot go back to their home country because of serious conditions.
These conditions could be an ongoing war, a natural disaster, an outbreak, or something else entirely. The TPS lasts for a certain time and can be extended if needed. During the TPS period, the TPS holders cannot leave the US, but they can get an Employment Authorization Document (EAD) and a travel permit.
A TPS holder does not get permanent residency or other immigration benefits. You have to qualify for other immigration benefits as a TPS holder. Just because someone gets TPS does not mean they get other immigration benefits.
If you need to apply for a TPS in the US, you should talk with a TPS attorney in NYC to know whether it is worth it to apply for TPS and what the downsides of TPS are.
Here are some tips on the eligibility for TPS, and the ups and downs of getting TPS if you are eligible.
Who can apply for TPS?
TPS is only for people who are from countries that have been designated by the US as a place where they would be at risk if they had to go back. These countries fall into three categories: ongoing armed conflict, natural disasters, and other conditions of harm.
Continual armed conflict refers to civil wars or other conflicts that make it hard to go back to where you were born. Natural disasters, like Hurricane Mitch in 1998 or the 2010 earthquake in Haiti, can disrupt infrastructure and people’s lives. TPS can also cover other conditions of harm that are not armed conflicts or natural disasters.
People from the designated countries and non-citizens who have lived in one of these countries for a long time can also get TPS. You can talk to a TPS attorney in NYC to know the TPS designated countries and eligible conditions.
Also, to be eligible for TPS, you need to be physically present in the US, have been living in the US for a while, have no serious crime, and not be inadmissible unless you can get a waiver and file Form I-601. TPS applicants do not have to worry about public charges or not having enough immigration documents (illegal entry).
To get TPS, you must also show that you do not face any asylum bars. Wondering what these bars are? Talk with a TPS attorney in NYC. Each family member needs to meet these criteria separately.
If your home country has been made a TPS nation because of a violent conflict or political unrest, you might want to wait and apply for asylum instead. This is because you may get more benefits in asylum than having TPS in the US.
But you must be eligible for asylum, though. Cross-check if you are eligible for asylum from a TPS attorney in NYC.
Why apply for TPS?
TPS gives its holders the right to live in the US for a certain period of time, which is usually between 6 and 18 months. If the situation in their home country does not improve, the period can be extended, and some people have been on TPS for more than a decade.
TPS holders can also work in the US, which they can do by filing an Employment Authorization Document (EAD) and filling out form I-765. TPS holders can also get permission to travel outside the US, which requires them to fill out and file an Application for Travel Document (Form I-131).
If you get an approval for this application, you will get Advance Parole travel documents, which let you travel out of the US and come back within the allowed time (ninety days), but you can re-enter multiple times. If the TPS holders cannot get an Advance Parole or return to the US within the time limit, they could lose their status.
TPS holders cannot be deported back to their home country. This is because, although they are not citizens of the US, they can get TPS in the US because they are from a TPS designated country experiencing temporary events that could put them in danger in their home country.
So, TPS holders cannot be taken back to their countries until their home country is considered safe. Despite these attractive benefits of TPS, there are some downsides to getting TPS in the US that you should definitely consider and discuss with your TPS attorney in NYC.
What are the downsides of TPS?
TPS is a temporary system that lets immigrants stay in the US if their home country has been designated for it. Some of the downsides are that it is not known globally, it is only temporary, and it may be hard to get an extension of TPS for years, especially if the TPS holder’s country is no longer designated for TPS.
The US government decides which countries get TPS, and TPS has been extended to Myanmar and Venezuela. It is temporary, so you can stay in the US for up to 18 months, and if it ends, the US government may ask you to leave the US unless you are able to get an extension.
You cannot apply for TPS if you arrive in the US after a certain date. You have to stay in the US while your home country has the TPS designation. You have to document your entry and stay in the US, and you will need to have proof of your nationality or regular residency from one of the designated countries.
Another downside of TPS is the cost. The fee for TPS form I-821 is fair, but the other forms you need in the application process come with a high cost. If you meet the requirements, you might be able to get a fee waiver though. TPS does not give you a pathway to citizenship or permanent residency.
The Biden administration wants to help immigrants with TPS get green cards, but it is not clear if his administration will be able to do that. No matter the downsides of TPS, it can be a great choice for many immigrants.
So if you are from one of the countries listed for TPS, get in touch with a TPS attorney in NYC to set up a consultation.
Get Help!
Figuring out what your options are for staying in the US? Get the help you need with your paperwork for a Temporary Protection Status (TPS) application from a TPS attorney in NYC.
Gehi and Associates is one of the leading US immigration firms where you can find a good TPS attorney in NYC. Our TPS attorneys in NYC can answer any queries you may have about your immigration status and the US TPS process.
We have helped clients all around the world with complex immigration matters, and we are here to help guide you through the process. Check out our website to learn more about our track-record of success for over thirty years. You can trust our expertise, dedication, and passion to help you succeed. Get in touch with us now!
