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Temporary Protected Status (TPS) is a temporary status available to foreign nationals of certain countries who are seeking refuge due to an ongoing armed conflict, extraordinary natural disaster, or other extraordinary temporary conditions in their home country. The Secretary of Homeland Security must designate a country for TPS due to the country conditions in the country.
TPS is granted for period of 6 to 18 months. TPS beneficiaries are not removable from the United States, can obtain employment authorization, and may be granted travel authorization.
You must show the following to be eligible for TPS:
- Be a national of a country designated for TPS or a person without nationality who last habitually resided in the designated country;
- File during the initial registration or re-registration period or meet the requirement for late initial filing during an extension of your county’s TPS designation;
- Have been continuously physically present in the United States since the effective date of the most recent designation date of your country; and
- Have been continuously residing in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States. When you apply or re-register for TPS, you must inform the United States Citizenship and Immigration Services (USCIS) of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.
It is important to note that you may not be eligible for TPS if you have certain criminal convictions, are found inadmissible due to certain non-waivable criminal and security-related grounds, fail to maintain continuous physical presence, or fail to meet other eligibility requirements.
At Ninan + Vibriesca Law, LLC, our attorneys have experience working with individuals who qualify for TPS or need to renew their status. We will identify the possibilities and additional steps needed to ensure the best possible outcome for you.
Let our attorneys assist you with your legal needs. Contact us for a consultation.