Temporary Protected Status (TPS) Attorneys in New Orleans
What is TPS in the United States immigration legal system?
As its name suggests, Temporary Protected Status (TPS) offers non-citizens a non-permanent immigration status in the United States.
TPS is a relatively new immigration benefit, created by the U.S. Congress in 1990 when the Immigration and Nationality Act was reformed.
TPS protects citizens of certain countries designated by the U.S. Congress or the Department of Homeland Security (DHS) .
The purpose of TPS is to protect people from designated countries who might face dangerous conditions or significant hardship if they returned to their home country.
The United States grants TPS designations in response to humanitarian crises caused by natural disasters, armed conflict, civil unrest, widespread violence, or other extraordinary and temporary conditions.
A typical TPS designation is made after the government determines that it is not safe to return to a specific country due to its current situation.
In summary, the United States Government , through Congress or the Executive Branch, has the authority to designate countries for Temporary Protected Status (TPS) and offer its citizens a temporary immigration status that allows them to remain legally in the United States as long as the conditions that justified the designation persist.
Who qualifies for TPS?
In general terms, to qualify for Temporary Protected Status (TPS) , the applicant must meet three basic requirements.
First, the applicant must demonstrate that he or she is a citizen of the designated country or a stateless person who has habitually resided in the designated country under TPS.
The simplest way to prove citizenship is through a passport or birth certificate issued by the authorities of the corresponding country.
Second, the applicant must demonstrate their physical presence in the United States on the date the TPS designation was made official.
Typically, the Department of Homeland Security (DHS) publishes a resolution in the Federal Register stating that citizens of the designated country who were physically present in the U.S. prior to a specific date are eligible for temporary status.
Normally, this date is prior to the official publication of the designation.
There are several ways to prove physical presence before the stipulated date, such as: bank statements, lease agreements, pay stubs, insurance certificates, or school records.
Any document or sworn statement that confirms a person's presence in the U.S. may be presented to immigration authorities.
Finally, the applicant must demonstrate continuous residence in the United States from the time the designation was made until the formal application is filed.
However, brief or accidental absences outside of U.S. territory may be accepted under exceptional circumstances.
Travel records issued by Customs and Border Protection (CBP) , copies of passport pages, or other evidence demonstrating the aforementioned physical presence may be used to prove that the applicant has remained in the U.S. since the TPS designation.
Furthermore, a TPS applicant cannot be inadmissible under immigration law.
The term inadmissibility comes from the Immigration and Nationality Act (INA), which prevents certain people from entering or remaining in the United States under specific circumstances.
According to the INA, a person is considered inadmissible if they suffer from certain medical conditions, have committed certain types of crimes, have violated immigration laws , or pose a risk to the security of the United States.
In this context, this means that the applicant must not have committed a felony or two misdemeanors , as most grounds of inadmissibility are waived for TPS applicants, especially those related to violations of immigration laws.
How does TPS benefit a person after their application has been approved?
TPS creates two main legal effects: it protects TPS holders from deportation and authorizes them to work legally in the United States.
However, TPS applicants are not required to apply for a work permit immediately. Furthermore, a TPS holder can also apply for authorization to travel abroad .
Protection from deportation can have different meanings.
It could mean that a person who entered the United States illegally will not be deported ;
that a person who entered the country with a temporary visa and lost their status will not be placed in deportation proceedings;
that a person who has been denied a visa or immigration relief will not be removed from the country;
or that a person with an active deportation case can obtain a suspension of their proceedings.
In summary, TPS holders cannot be deported from the United States as long as their TPS status remains valid.
Employment Authorization under TPS
A person applying for TPS can simultaneously apply for a work permit.
If you decide not to do it immediately, you can do so once your TPS application has been approved.
A work permit under the TPS category (A-12 / C-19) authorizes a person to work legally in the United States without significant restrictions.
These permits are issued for a period equal to the validity of the TPS status and can be renewed as long as the TPS designation remains active.
What countries are currently designated for TPS in the United States?
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El Salvador
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Honduras
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Nepal
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Nicaragua
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Haiti
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Burma (Myanmar)
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Somalia
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Syria
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Venezuela
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Sudan
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South Sudan
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Yemen
Does TPS offer a path to permanent residency?
As of the time this article was written, the Immigration and Nationality Act of the United States does not allow TPS holders to adjust their immigration status to that of a permanent resident solely based on having TPS designation.
However, if a TPS holder obtains an immigrant visa while maintaining their TPS status, it may be possible for them to become a permanent resident.
TPS and Dual Citizenship
The main purpose of TPS is to temporarily protect nationals of a designated country so that they do not have to return to their home country and face danger.
However, when a person has two nationalities, there is a possibility that they could seek refuge or residence in another country, different from the one designated for TPS.
This does not mean that a person with dual citizenship cannot apply for TPS, but it does require a detailed analysis of the actual relationship between the applicant and the designated or non-designated TPS country.
Factors such as how the second citizenship was acquired, language barriers, length of residence in the other country, frequency of travel, family ties, property, or other connections to that country may be evaluated to determine whether the applicant has permanently settled in the third country.
If that is the case, it is unlikely that a TPS application would be approved, since it would be considered that the person can find safe refuge elsewhere.