Phoenix Immigration LawyerTemporary Protected Status Lawyer in Phoenix
TPS
Temporary Protected Status, or TPS, is a temporary immigration status that applies to those from countries that are experiencing problems or other issues which cause it to be unsafe for individuals currently in the United States to be deported to those countries. If TPI applies in your case, it could temporarily halt exportation proceedings. Call us to find out if you could be the beneficiary of TPS.
Temporary Protected Status was created with the passage by Congress of the Immigration Act of 1990. That law says, in part, that nationals of certain specified countries undergoing certain types of problems may have temporary protected status and avoid, temporarily, deportation from the US to those countries.
TPI does not apply to all countries – in order to qualify for TPS protection, you must be from a country designated for such treatment. What it does, in essence, is protect those who are otherwise not qualified for admission to the US as an asylum seeker, as a result of your criminal history, for national security reasons, or as the result of other obstacles.
Reasons a Country May be Designated for TPS
To be designated for relief from deportation under this law, the country to which you might otherwise reside in must be going through one or more of the following conditions:
- Natural Disaster. These run the gamut from earthquakes, to floods, hurricanes and even epidemics. In each case, the disaster results in a temporary disruption in the living conditions such that the foreign country in question is unable temporarily to adequately handle the return of its nationals.
- Armed Conflict. This consists of a civil war or similar armed conflict that creates a threat to the safely of someone returning their country.
- Temporary Extraordinary Conditions. This is a sort of catchall for conditions that would make it unsafe for a person to return to their country. These conditions, even if they exist, however, can be overridden if the government finds that allowing the person to remain in the US poses a threat to or is otherwise contrary to the interests of the United States.
Even if the conditions in your country meet the above standards, there are a number of potential hurdles that must overcome in order for you to receive the benefits of Temporary Protected Status. Specifically, to be eligible for TPS, you need more than simply being from of a country designated by the government for TPS. Qualification also requires:
- The country having the TPS designation must be the last country in which you regularly resided.
- You must have been present in the United States continually since the designation became effective and since the date specified by the Secretary of Homeland Security.
- You must not be inadmissible into the US or be barred from admission for a variety of reasons.
There are countries that have been designated for TPS. The list changes over time. Currently, approximately a dozen countries have that designation. The majority, historically, are specific countries located in Africa, Central America, and the Middle East.
TPS and Lawful Permanent Residence
An important aspect of TPS is that it does not provide a separate path to lawful permanent residence. On the other hand, you may be the beneficiary of Temporary Protected Status and still be eligible for a Green Card, for example. And while there were conflicting decisions on the issue of whether TPS recipients who entered the US without inspection (i.e., did not present themselves at a border checkpoint and obtain permission to enter the US) were eligible to have their status adjusted to permanent resident status, that question was decided by the United States Supreme Court in 2021. The Supreme Court said that if you are a TPS recipient, and you entered the country without inspection, you are not eligible to adjust your status to permanent residence while still in the United States.
Immigration Status When TPS Ends
If you believe you are eligible you must first apply to the USCIS. If your application is granted, you are given a temporary stay of deportation and temporary work authorization.
TPS status is designated for 6 months, 12 months, or 18 months at a time. While extensions of the status do occur, you must be prepared for what happens when the TPS designation ends. When it does, your status reverts to what it was prior to the granting of your application for TPS.
Phoenix TPS Immigration Attorney
The issue of temporary protected status is a complicated one. It involves federal law, Homeland Security designations, application requirements, and more. In addition, the countries designated for TPS are constantly changing. If you believe you may be eligible for TPS, contact Castañeda Immigration Law. We will guide you through the process.
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Castañeda Immigration Law: The content on this website is for general information purposes only. Nothing here should be taken as legal advice for any case or situation. This information is not meant to create, or viewing this content does not constitute, an attorney-client relationship.
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