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Why is Temporary Protected Status a Critical Part of Immigration Law?

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The U.S. government created the temporary protected status (TPS) program the U.S. government created to allow individuals who migrated from unsafe countries to have the legal ability to live and work in the United States. However, individuals who may eventually acquire TPS are not considered legal U.S. citizens or lawful permanent residents.

The TPS program is critical to immigration law because it provides safeguards for individuals by allowing them to stay in the U.S. while conditions remain unsafe for them to return to their country of origin.

If you need more information about whether the TPS program could benefit you or a family member, contact our law firm and ask to schedule a consultation to discuss your case and explore your legal options.

How Does an Immigrant Qualify to Obtain TPS?

There are several eligibility requirements that a migrant must meet to be considered eligible for the TPS program. One of the essential prerequisites is that the individual applying for the program be a citizen from a TPS-designated country or an individual without nationality but who last resided in a designated country.

Countries currently with designated TPS include:

  •  Afghanistan
  •  Burma (Myanmar)
  •  Cameroon
  •  El Salvador
  •  Ethiopia
  •  Haiti
  •  Honduras
  •  Nepal
  •  Nicaragua
  •  Somalia
  •  South Sudan
  •  Sudan
  •  Syria
  •  Ukraine
  •  Venezuela
  •  Yemen

Eligibility requirements for applicants wishing to obtain TPS include:

  •  The applicant must also have been continuously physically present (CPP) in the U.S. since the effective date their country was designated for TPS. In addition, the applicant must have been continuously residing (CR) in the U.S. since their country’s specified effective date.
  •  The applicant must file within the open initial registration or re-registration period. However, in some instances, some applicants may be permitted to file late if their country’s TPS designation has been extended.

If, for some reason, the applicant leaves the country, they will be required to report their trips to USCIS when they apply or try to re-register for TPS. From that point, the USCIS will decide whether to grant an exception for the applicant’s absences from the U.S.

How Long Does it Take to Process an Application For Temporary Protected Status?

The time it takes to process an application for TPS can depend on several factors, such as the backlog of other applications and staffing issues. However, generally, the processing time for TPS is approximately 6 months.

Applicants are permitted to stay in the country while they wait to see if their application is approved. If the initial application is approved, the applicant will receive an approval notice with an I-94 Arrival/Departure Record which serves as evidence of the migrant’s TPS.

Another critical benefit of acquiring TPS is that the applicant’s time in the country illegally will be tolled once an application is approved. This prevents inadmissibility problems for applicants if they try to obtain citizenship later.

Can An Individual File an Appeal if Their TPS Application is Denied?

If an individual is denied a TPS by the USCIS, they may be eligible to file an appeal. Individuals sent a denial letter will be informed whether they have the legal option to appeal to the USCIS Administrative Appeals Office (AAO). However, all appeals must be filed within 30 days.

If you are not granted the right to an appeal because you were placed in removal proceedings, you can still request that an immigration judge adjudicate your TPS application. In addition, if an immigration judge also denies your request for TPS, you may still file an appeal with the Board of Immigrant Appeals (BIA).

Can an Immigration Lawyer Help Me Secure Temporary Protected Status?

If you feel that you qualify for temporary protected status, it is in your best interests to allow an experienced attorney to help you apply with USCIS. A significant amount of paperwork is involved in filing for TPS; if it is filled out incorrectly or missing information, it could be denied.

Our law firm has vast experience in assisting individuals obtain TPS and would be honored to try and help you with your immigration legal issues. An immigration lawyer will gladly sit down with you, review your case, and advise you on your potential legal options.

We realize the prospect of returning to a country you fled can be frightening. Therefore, contact our law offices by calling 773-825-8695 and ask to schedule a consultation.

However, SwagatUSA LLC is passionately committed to ensuring that everyone deserves the compassion and fair treatment they deserve.

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