Temporary protected status (TPS) can be a valuable category under U.S. immigration laws. The Secretary of Homeland Security has the power to determine whether a foreign county’s citizens are eligible for TPS if a country is experiencing temporary conditions that make the country unsafe for its residents. These conditions include civil war, an environmental disaster or epidemic, or other extraordinary and temporary conditions.
Currently, the citizens of 17 nations have been designated as TPS. A person who is granted TPS cannot have his or her immigration status questioned for any reason, and a TPS protects the holder from being deported or otherwise removed from the United States.
To obtain TPS, a person must file an application with the U.S. Customs and Immigration Service, submit required evidence and pay the necessary filing fee. The applicant must show citizenship of his or her home country, proof of date of entry into the United States, proof of continuous residency in the U.S. since the date specified in the order establishing TPS eligibility for the home country. Generally speaking, supporting evidence includes a valid U.S. passport, a copy of the applicant’s birth certificate, and any national identity document issued by the applicant’s home country. If such evidence is not available to the applicant, USCIS regulations provide other methods of obtaining the necessary proof.
The process
The application for TPS should be submitted to the office specified in the USCIS regulations (this information is available on line). Once the application has been received by the USCIS, an appointment will be scheduled at an Application Support Center. At this appointment, the UCSIS will collect certain information from the applicant, including photograph, copy of signature and/or fingerprints. These appointments can easily be re-scheduled.
Obtaining an EAD
An applicant for TPS can at the same time apply for issuance of an Employment Authorization Document (EAD). An EAD permits the holder to work in the United States as long as the home country is covered by a TPS order.
The entire TPS process is complex, and an applicant can experience a number of unexpected detours in the process. The advice of an experienced lawyer can greatly increase the chances of a favorable outcome.
