Temporary Protected Status (TPS) Lawyer

TPS Attorneys in Raleigh, North Carolina

The journey of seeking Temporary Protected Status (TPS) can be daunting, leaving you feeling overwhelmed and uncertain about what lies ahead. However, you don’t have to face it alone. Our compassionate immigration team is here to support you every step of the way, providing expert guidance and ensuring your well-being throughout the entire process.

Trust us to be your reliable partner as we navigate the complexities of TPS together, empowering you to overcome challenges and move towards a brighter, more secure future. Contact our team for a consultation.

What is Temporary Protected Status?

Temporary Protected Status (TPS) is a form of immigration relief offered to individuals from countries affected by natural disasters, armed conflicts, or other extraordinary circumstances. TPS is available to immigrants who are already in the United States and meet certain eligibility criteria.

The Department of Homeland Security (DHS) may designate a country for temporary protected status if the conditions in that country pose a serious threat to its citizens. Individuals who are granted TPS can avoid deportation and receive work authorization for a limited period of time. With advanced permission, they can also receive a travel permit to travel internationally for a short period of time.

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:
  • Applying for nonimmigrant status
  • Filing for adjustment of status based on an immigrant petition
  • Applying for any other immigration benefit or protection for which you may be eligible

Why Was TPS Created?

Congress created Temporary Protected Status in 1990 to provide a temporary immigration status and safe haven for immigrants from countries with extraordinary or temporary conditions, such as natural disasters or armed conflicts. The goal of TPS is to protect the lives and safety of people who would otherwise be affected by dangerous conditions in their home countries.

What Are the Requirements to Qualify for Temporary Protected Status?

In order to qualify for Temporary Protected Status, applicants must demonstrate that they:

  • Are a national or citizen or a habitually stateless resident of a country designated for;
  • Were continuously present in the United States prior to the designation of their country for TPS;
  • Have been continuously physically present in the U.S. since being granted TPS;
  • Do not pose any threat to the United States; and
  • Are admissible as an immigrant, with certain exceptions

A foreign national may not be eligible for TPS (or be able to maintain their previously-approved TPS status) if they:

  • Fail to meet requirements on the continuous residence and physical presence in the United States;
  • Fail to meet requirements on initial or late initial TPS registration;
  • Are found inadmissible as an immigrant without having a waiver approved;
  • Have been convicted of any felony or two or more misdemeanors committed in the U.S.; or
  • Have been granted TPS but failed to re-register as required without a good cause.

PLEASE NOTE: To be granted any other immigration benefit; you must still meet all the eligibility requirements for that particular benefit. An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS.

Do You Need a TPS Lawyer For This Process?

Working with a TPS lawyer can help ensure that you meet all of the requirements described above and that your case is sufficiently documented for USCIS to approve the case. A TPS lawyer can also help you understand your rights and obligations as a TPS holder, in addition to helping you create a plan for lawful permanent residency or naturalization.

How Can A TPS Lawyer Help?

Our TPS Lawyers in Raleigh, NC, can help with all aspects of the TPS process. We can help with the following:

  • Help ensure that all requirements for TPS approval are met.
  • Ensure that the case is sufficiently documented.
  • Explain the rights and obligations of a TPS holder.
  • Create plans for lawful permanent residency or naturalization.
  • Provide legal consultation on any immigration matters related to TPS application.
  • Assist with filing applications, petitions, forms, and other required documents correctly and on time.
  • Represent clients in court hearings or interviews with USCIS.
  • Monitor changes in relevant laws regarding TPS status.
  • Negotiate favorable terms for the client’s situation.
  • Offer guidance throughout the entire process.

How to Apply for a TPS?

Form I-821

Form I-821, Application for Temporary Protected Status, is the form used to apply for TPS. An applicant must demonstrate that they meet all the eligibility criteria and provide supporting documentation. Once the application is approved, a person will be granted Temporary Protected Status and will have permission to stay in the United States legally through the period authorized.

Form I-765

Form I-765, Application for Employment Authorization, is used to apply for an employment authorization document (EAD) if the applicant wishes to work legally in the United States. While holding TPS, filing Form I-765 is not mandatory, and individuals can submit it at any time if they want employment authorization to work legally in the United States. There is an extra fee for the Employment Authorization Document, so some individuals may not want to pay if they don’t plan to be working or if they simultaneously hold another status that grants them work authorization. Speak to your TPS lawyer if you are unsure if you should apply for employment authorization.

Form I-601

Form I-601, Application for Waiver of Grounds of Inadmissibility, is used if an applicant is inadmissible to the United States. This form can be used to request a waiver on certain grounds of inadmissibility. These forms can be complicated and require detailed information that must be provided correctly in order for the TPS application to be approved. If you think you need a waiver, you need to consult with a TPS lawyer to help.

Does TPS Lead To Permanent Residence For Undocumented Immigrants?

No, TPS does not directly lead to permanent residence in the United States. TPS is a temporary form of immigration relief, and once the designation of an individual’s country of origin expires, they must apply for other forms of immigration relief or face removal from the United States. However, TPS is a nonimmigrant status that can, in certain circumstances, allow an individual to qualify to adjust status if they have an approved I-130 or I-140 family or employer petition.

What Happens If TPS Expires?

If an individual’s TPS designation expires, they must either apply for another form of relief, or they may face removal proceedings. In addition, individuals with expired TPS may be subject to civil penalties and/or criminal prosecution if they remain in the United States without proper authorization. USCIS (U.S. Citizenship and immigration services) maintains a database of all countries currently designated for TPS and how long those designations are valid. 

There is often ongoing litigation in regard to various countries’ TPS designations. Reach out to a TPS lawyer to confirm if you still qualify or are confused about the dates that your status is valid.

When is TPS Status Applicable?

Temporary Protected Status is applicable to foreign nationals who are already present in the United States and cannot return safely to their country of origin due to violence like civil war or ongoing armed conflict, natural disasters such as an earthquake or hurricane, environmental disaster, or other extraordinary conditions outside their control.

How Long is TPS Valid?

The length of time TPS status is valid depends on the particular country and situation. Generally, a country’s temporary protected status designation is valid for a period ranging from 6 to 18 months but can be extended or terminated at any time, depending on the situation in the applicant’s home country. However, individuals who have been granted TPS may be eligible to adjust their status if they meet all the requirements for adjustment of status.

Current Designated Countries for Temporary Protection Status

  • Afghanistan
  • Cameroon
  • El Salvador
  • Ethiopia
  • Haiti
  • Honduras
  • Myanmar
  • Nepal
  • Nicaragua
  • Syria
  • Somalia
  • South Sudan
  • Sudan
  • Ukraine
  • Venezuela
  • Yemen

The Lingering Danger Of Termination

If the announcement comes that a certain country’s TPS status is no longer available, then individuals currently enrolled in the program will face significant uncertainty about their future. This can create significant stress and anxiety for those affected by TPS termination. It is important to seek legal counsel as soon as possible to discuss your options and come to the best decision for your situation.

Compassionate TPS Lawyers for Complex Immigration Cases

If you need assistance with the TPS application, renewal, or termination, we can help. Our experienced and compassionate lawyers have extensive knowledge of the TPS program as well as other forms of immigration relief that may be available to you. We are here to advocate on your behalf and assist in navigating the complexities of immigration law. Contact our experienced immigration attorneys online or call us at 919-833-0840 today.

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