The Secretary of Homeland Security can designate citizens of foreign countries as temporarily protected in the U.S. under certain conditions.
Conditions for Temporary Protected Status
If a foreign country meets one or more of the following conditions, they might be given Temporary Protected Status:
- There is armed conflict happening that makes the citizens returning unsafe.
- An environmental disaster has happened, like an earthquake, flood, or tsunami.
- A dangerous disease is spreading to large amounts of people.
- The country cannot handle the return of its citizens. Usually, this is because there isn’t enough food or clean water.
Benefits of Temporary Protected Status
When a country is given Temporary Protected Status, its citizens are allowed certain opportunities, but it does not allow a person to get a green card. Benefits include:
- They can’t be held by the Department of Homeland Security based on immigration status.
- They are generally safe from deportation.
- They can get an employment authorization document that allows them to get a job.
- They are allowed to travel outside the U.S.
- They are eligible for other immigration benefits.
Important information about who is approved for TPS
- Nationals may apply even if they are already in the U.S.
- People who do not have an official nationality may apply if the TPS country is the last country they lived in.
- Anyone convicted in the U.S. of a felony or two or more misdemeanors might not be approved for TPS.
- Anyone who wouldn’t be approved for asylum might not be approved for TPS.
- Anyone who would not be considered admissible might not be approved for TPS.
Important information about applications for TPS
- There is a registration period after a country is given TPS. Applications have to be turned in during this period.
- There are some exceptions for late applications, like for spouses or children.
- Three types of evidence have to be included with the application:
- Evidence that the person is a national of the country or doesn’t have any nationality, but last resided in the country has to be included.
- If the person is already in the U.S., evidence of the date they entered the U.S. has to be included.
- If the person is already in the U.S., evidence that they have lived in the U.S. for a certain amount of time has to be included. This is called continuously residing evidence.
- Any document that isn’t in English has to include a legitimate translation.
- Even after a person is approved for TPS, they have to re-register during re-registration periods.
You are more likely to be approved for Temporary Protective Status if you work with a lawyer. We have been through the process many times and can give you advice on how to complete the application.
We can also give you advice on what evidence to include in your application. Call us today at 847-258-9954 , or email us by clicking here, or schedule an appointment by clicking here.