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.