Helping Clients From Designated Countries Obtain Protection From Removal

If you are unable to return to your home country due to unsafe conditions, protections may be available to you. The Immigration Act of 1990 outlined provisions for foreign nationals to be granted non-permanent status, known as temporary protected status (TPS), which allows them to live and work in the United States legally. This designation is given at the discretion of the Secretary of Homeland Security, and there is often confusion about who qualifies and what it means.

At Mi Sueño Americano, we can explain how temporary protected status works and determine if it’s an option for you. Call (323) 672-4423 to schedule an appointment with an attorney to get started.

What Does Temporary Protected Status Mean?

Temporary protected status (TPS) grants certain protections to immigrants who are from designated countries that are currently facing an ongoing armed conflict, an environmental disaster, or other “extraordinary and temporary conditions.” Once someone has received temporary protected status, they can work in the United States legally, are protected from removal proceedings, and can apply for authorization to travel abroad. If you have received temporary protected status and are planning on traveling out of the country, you will need a TPS-specific document instead of the traditional advance parole document.

It’s also important to understand what temporary protected status is not. Being granted TPS doesn’t automatically make you eligible for permanent residence or a Green Card. If this is your goal, it’s a good idea to consult with an attorney to understand what temporary protected status entails and its role in this process.

How can I travel outside the US with TPS, and why should I?

Temporary Protected Status (TPS) holders may be eligible to travel outside the United States by applying for TPS travel authorization, often referred to as Advance Parole, using Form I-131. When approved, this travel document allows TPS holders to leave the U.S. and lawfully return without losing their TPS status. TPS travel authorization is especially important because, under current USCIS policy, a TPS holder who originally entered the U.S. without inspection may be considered lawfully admitted or paroled upon return, which can be a key requirement for adjustment of status to a green card through a family-based or employment-based petition. 

However, not every TPS holder is eligible to travel, and prior immigration violations, unlawful presence, or removal orders can create serious risks. For that reason, working with an experienced immigration lawyer in Los Angeles is critical to properly evaluate eligibility, prepare the Advance Parole/TPS travel authorization application, and ensure the travel is strategically used to support future adjustment of status rather than jeopardize it.

What Are the Main Differences Between TPS, Refugee Status, and Asylum?

Temporary protected status is often confused with asylum and refugee status because these can also involve dangerous conditions in the person’s home country. The main difference between temporary protected status and asylum and refugee status is in the basis on which it is granted. TPS is granted based on a country-wide danger, such as a war or an environmental disaster. Someone is granted refugee status or asylum based on fear of personal persecution. 

Asylum and refugee status are also generally granted indefinitely and have a direct path to a Green Card. In contrast, temporary protected status is granted on a short-term basis and does not. If you’re not sure which category is the best fit for your situation, an attorney can help make this determination and ensure you know what’s required to apply.

What Are the Eligibility Requirements for Temporary Protected Status?

Whether someone is eligible for temporary protected status depends on several key factors, such as when the country was designated and when the registration period began. The main requirements are:

Be From a Designated Country

You must either be a national of a country that has been designated for temporary protection. If you are without nationality but have “habitually resided” in a designated country, this can also meet the eligibility requirements. The Department of Homeland Security maintains a list of countries that have been designated for TPS. This list is subject to change, so it’s essential to verify continued eligibility.

File During the Proper Registration Period

Each country has its own open initial registration and re-registration period, and applications for temporary protected status need to be submitted during this time for consideration. There are some cases where late filing is accepted, but this is on a limited basis, and you must meet specific criteria.

Meet the Continuous Physical Presence and Residence Requirements

To be eligible for temporary protected status, you also need to have been continuously physically present in the United States since the most recent designation date for your home country. You must also meet the requirements for maintaining continuous residence in the United States. In some situations, there may be provisions for a brief trip out of the country if there is a specific reason, but this should be evaluated by an attorney to see if it will affect your continuous status.

How Can You Prepare for the Process of Applying for Temporary Protected Status?

The process for applying for temporary protected status can be complex, and the more prepared you are, the less stressful it is likely to be. Mi Sueño Americano can help you understand the requirements, gather your documentation, and ensure your forms are filed correctly and within the designated registration period.

Before you begin this process, you need to confirm your country’s status and identify the registration or re-registration period, whichever is applicable to your filing. You will need to provide documentation that verifies your identity and nationality, and when you entered the United States. Primary documents, such as your birth certificate, national ID, and passport, can be used to verify these criteria. You’ll also need to be able to show proof of continuous residence, which can be supported by employment records, utility bills, rent receipts, and school records for your children, if applicable.

When you’re preparing your filing, it’s critical to keep copies of all of your evidence and ensure your documents are organized so that you can provide additional information if requested.

When Does Temporary Protected Status Expire?

How long a TPS designation lasts depends on the specific country and when the country’s designation is set to expire. In most cases, TPS is initially granted for a period of either six months, one year, or 18 months. If the country’s designated status is extended after that, you will have the option to re-register.

If your country has been designated for temporary protected status, Mi Sueño Americano can help you understand what this means and how to apply. Call (323) 672-4423 to schedule an appointment.