We help clients from designated countries obtain protection from deportation

If you cannot return to your home country due to unsafe conditions, protections may be available to you. The Immigration Act of 1990 established provisions for foreign nationals to receive a non-permanent status, known as Temporary Protected Status (TPS), which allows them to live and work legally in the United States. This designation is granted 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 is an option for you. Call (323) 672-4423 to schedule an appointment with an attorney and begin the process.

What Does Temporary Protected Status Mean?

Temporary Protected Status (TPS) grants certain protections to immigrants from designated countries currently facing ongoing armed conflict, environmental disaster, or other “extraordinary and temporary conditions.” Once a person has received Temporary Protected Status, they can legally work in the United States, are protected from deportation proceedings, and can apply for authorization to travel abroad. If you have received Temporary Protected Status and plan to travel outside the country, you will need a specific TPS document instead of the traditional advance parole document.

It is also important to understand what Temporary Protected Status is not. Being granted TPS does not automatically make you eligible for permanent residency or a Green Card. If this is your goal, it is advisable to consult with an attorney to understand what Temporary Protected Status entails and its role in this process.

How Can I Travel Outside the U.S. with TPS and Why Should I?

Temporary Protected Status (TPS) beneficiaries may be eligible to travel outside the United States by applying for a TPS travel authorization, often referred to as Advance Parole, using Form I-131. When approved, this travel document allows TPS beneficiaries to leave the U.S. and return legally without losing their TPS status. TPS travel authorization is especially important because, under current USCIS policy, a TPS beneficiary who originally entered the U.S. without inspection may be considered lawfully admitted or paroled upon their 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 all TPS beneficiaries are eligible to travel, and prior immigration violations, unlawful presence, or deportation orders can create serious risks. For this reason, working with an experienced immigration attorney in Los Angeles is crucial to properly assess eligibility, prepare the Advance Parole/TPS travel authorization application, and ensure that travel is used strategically to support a 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 a person’s home country. The main difference between Temporary Protected Status and asylum or refugee status lies in the basis on which it is granted. TPS is granted based on a country-wide danger, such as 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 temporarily and does not offer that path. If you are unsure which category best suits your situation, an attorney can help you determine this and ensure you know what is 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, including when the country was designated and when the registration period began. The main requirements are:

Be from a Designated Country

You must be a national of a country that has been designated for temporary protection. If you lack nationality but have “habitually resided” in a designated country, this may 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 is essential to verify ongoing eligibility.

File During the Proper Registration Period

Each country has its own initial open registration and re-registration period, and applications for Temporary Protected Status must be filed during this time to be considered. There are some cases where late filing is accepted, but this is limited and must meet specific criteria.

Meet Continuous Physical Presence and Residency Requirements

To be eligible for Temporary Protected Status, you must also 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 residency in the United States. In some situations, there may be provisions for brief travel outside the country if there is a specific reason, but this must be evaluated by an attorney to see if it will affect your continuous status.

How Can You Prepare for the Temporary Protected Status Application Process?

The Temporary Protected Status application process can be complex, and the more prepared you are, the less stressful it will likely 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 beginning this process, you should confirm your country’s status and identify the registration or re-registration period, as applicable to your case. You will need to provide documentation verifying your identity and nationality, as well as when you entered the United States. Primary documents, such as your birth certificate, national identity document, and passport, can be used to verify these criteria. You will also need to be able to show proof of continuous residency, which can be supported by employment records, utility bills, rent receipts, and your children’s school records, if applicable.

When preparing your application, it is essential to keep copies of all your evidence and ensure your documents are organized so you can provide additional information if requested.

When Does Temporary Protected Status Expire?

The duration of a TPS designation depends on the specific country and when that country’s designation is scheduled to expire. In most cases, TPS is initially granted for a period of six months, one year, or 18 months. If the country’s designated status is extended thereafter, 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.