Temporary Protected Status (TPS) is a designation that allows foreign nationals from specific countries to stay in the United States when returning to their home country would be unsafe. This designation is made by the Secretary of Homeland Security. TPS offers protection from removal and provides employment authorization for the duration of the status.
Click here to learn more about TPS, including which countries currently hold TPS designation.
Applying for Temporary Protected Status (TPS) is generally straightforward, primarily based on the date of entry and proof of continuous residence in the U.S. However, complications can arise. For example, if parents are eligible for TPS but their child was born in a country not designated for TPS, they might assume the child is ineligible. Delgado Rompf Bruen can assist in evaluating each family member’s eligibility for TPS.
Another challenge in preparing a TPS application is addressing potential admissibility issues. The Form I-821D, Application for Temporary Protected Status, requires applicants to answer over 40 yes-or-no questions, such as “Have you ever committed a misdemeanor?” or “Have you ever falsely claimed to be a U.S. citizen?” It is crucial to answer these questions honestly, but acknowledging certain actions, like committing a misdemeanor, could raise concerns with U.S. Citizenship and Immigration Services (USCIS) during the application review. Delgado Rompf Bruen can help individuals explain their circumstances, properly document any potential inadmissibility issues, and request a TPS in admissibility waiver, if needed.
To apply for TPS, you must provide evidence that you have entered and continuously resided in the United States since the dates specified by the U.S. government. Documentation of your entry, such as an I-94 record or a Notice to Appear, is crucial as it shows the date you entered the U.S. It is also necessary to demonstrate continuous residence by providing documents like leases, bills, and other records that indicate you have been living in the United States.
If you would like more information about TPS, you can schedule a consultation with Delgado Rompf Bruen here. We are happy to advise you about its benefits and assist you in preparing your application.