Temporary Protected Status
The Secretary of Homeland Security has the power to designate a foreign country for temporary protected status (TPS) when conditions in the country meet statutory requirements related to natural disasters, ongoing armed conflict, or other temporary or extraordinary conditions and temporarily stop foreign nationals from returning to their home countries safely. If you are concerned about whether you have temporary protected status, you should consult knowledgeable Miami immigration law attorney Lupe Lafont. Ms. Lafont understands and respects the difficulties of those seeking protection in the United States and the urgency of their needs.What Is Temporary Protected Status?
When a country faces extraordinary circumstances, the USCIS may grant temporary protected status (TPS) to eligible nationals of those countries who are already in the country, as well as eligible stateless individuals who last lived in the designated country.
During a period designated for temporary protected status (TPS), those who are beneficiaries or prima facie eligible for TPS aren’t removable from the country. If you are a beneficiary or eligible, you can get work authorization and travel authorization. You can’t be detained by Department of Homeland Security based on your immigration status in the country.
In order to be eligible for TPS, you must be a national of a country that has been designated for TPS or you must be stateless but have habitually lived in the designated country. In addition, you’ll need to meet the following criteria:
- File during an initial registration period or a re-registration period or satisfy requirements for late initial filings during an extension of your country’s TPS designation. If your initial filing was late, you’ll need to follow slightly different rules.
- You will also need to be a national of a country that is designated for TPS or someone without nationality (stateless) who last habitually lived in a designated country.
- You have been continuously physically present and living in the United States since the effective date of the most recent designation date of your particular country. Temporary protected status allows for an exception to the requirement you be continuously physically present in the country for innocent, casual, and brief departures from the United States.
Our Miami lawyer will not be able to show you’re eligible for TPS through the immigration system under these circumstances:
- If you’ve been convicted of a felony or two or more misdemeanors committed in the country.
- If any of the mandatory bars to asylum apply to you.
- You don’t meet the continuous physical presence and continuous residence requirements.
- If you’re inadmissible as an immigration under certain grounds, such as criminal grounds.
- You don’t re-register for TPS and you didn’t have good cause after it was granted.
- You don’t meet registration requirements.
TPS is a temporary benefit. This means you won’t get lawful permanent resident status or provide other immigration status because you receive this particular status. Registration doesn’t stop you from applying for nonimmigrant status. It also won’t stop you from filing for adjustment of status based on your immigration petition or applying for other immigration benefits or protections for which you may be eligible. In order to get another immigration benefit, you’ll still need to meet all eligibility requirements for the benefit.Asylum for Those With TPS
In some situations, you may be eligible for both temporary protected status and asylum as a foreign national. Our dedicated Miami immigration lawyer can examine your situation to see whether both forms of relief are appropriate; application for temporary protected status won’t impact your application for asylum. Grounds for denial of your application could also result in the denial of your TPS.
At his discretion, the president is empowered to authorize Deferred Enforced Departure (DED). Providing this authorization to foreign nationals is part of the president’s constitutional power to conduct foreign relations. If you’re covered by DED, you won’t be subject to removal from the country for a set period.Work Authorization
If you have temporary protected status, you can request work authorization as part of your DED. If you request an employment authorization document, it will be issued to you. You’re authorized to work using this authorization as long as you maintain TPS.Extensions
The secretary of Homeland Security is also empowered to extend your expiring TPS designation under the law or DED as the president determines. When your TPS designation is extended, you can also automatically extend the validity of your expiring employment authorization document that was obtained in connection with your TPS or DED.Consult a Miami Immigration Attorney About TPS
If your country has received TPS, you’ll need dedicated legal counsel. Lupe Lafont may be able to guide and represent you. Prior to a career representing people in immigration matters, she worked in surgical health care. She transfers the dedication and compassion she had in that role to helping those trying to navigate the complicated immigration system. Please contact Ms. Lafont via her online form or at (305) 439-0604. She offers free consultations.