What is TPS? Temporary Protected Status means three things:
1-you are allowed to lawfully remain in the U.S. and
2-you can apply for work authorization during the TPS period.
3-you may also be granted travel permissions.
But you should take note that:
TPS is a temporary benefit. It cannot not lead to Permanent Resident status or any other immigration status, by itself.
You will need a different path, like a family or employment based petition.
But, registration for TPS does not prevent you from applying for more permanent status.
TPS is not for those who already have valid nonimmigrant Visas or if you hold Lawful Permanent Resident status.
Do I qualify for TPS?
To be eligible for this TPS, you must:
First - Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the Designated country;
Second - File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation;
Third - Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country which is March 1, 2022 for Ukrainians and March 6, 2022 for Afghans; and
Fourth- Have been continuously residing (CR) in the United States since March 1, 2022 for Ukrainians and March 6, for Afghans. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, innocent absences from the U.S. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States and USCIS will determine whether the exception applies to you.
But take note that there are things that may disqualify you from TPS, for example:
conviction of a felony or two or more misdemeanors committed in the United States;
Failing to meet initial or late initial TPS registration requirements; or
If you are granted TPS, but fail to re-register when required, without good cause.
If you have questions about the qualifications or disqualification, please leave a comment below (point Down), call us or visit our website at andresmejerlaw.com. Moving on..
How do I apply for TPS?
TPS is not automatic. You will need to file for this. And we can help you with that. Things you will need are:
One - Forms - the one you need is Form I-821, Application for Temporary Protected Status.
You can also request an employment authorization document (EAD) by submitting a completed Form I-765 while filing for TPS.
Two - Evidence- you will need to provide evidence of your nationality, Date of entry and continuous residence. Like your passport and documents that indicate your lawful entry to the United states.
Three - Fees - You may be required to pay for filing fees. It depends on your age, it usually is less than $500.
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