How Do I Apply for Temporary Protection Status?
There are foreigners that seek to stay in the United States, not for job opportunities or a new start in life, but because returning to their home country would mean putting their lives at risk. If you are in such a situation, please let Peek & Toland, PLLC help you apply for Temporary Protected Status (TPS). To speak with one of our experienced Austin immigration law attorneys, call (512) 474-4445.
What Is Temporary Protected Status?
Temporary Protected Status is a temporary immigration status granted to qualifying individuals whose home countries are experiencing instability due to certain circumstances. If any of the following applies to you, you may extend your stay in the U.S. for up to 18 months:
- Your country is experiencing ongoing violence that would put you in danger if you were to return;
- An earthquake, typhoon or other severe environmental disaster has temporarily destabilized your country; or
- There are other conditions that prevent you from returning without putting your life at risk.
At the end of every extension, or designation period, the Secretary of Homeland Security determines whether another designation period should be granted. If the unstable or dangerous conditions of the country in question remain, another TPS designation of six, 12 or 18 months is usually granted. If conditions in the country improve, then the designation is usually terminated. You can find more details in Section 244 of the Immigration and Nationality Act.
Am I Eligible for TPS?
According to the Code of Federal Regulations (8 CFR § 244), you must meet the following criteria in order to qualify for TPS:
- Your country has been designated for TPS. See the most current list of countries designated for TPS on the U.S. Citizenship and Immigration Services (USCIS) website.
- You have submitted your TPS application within the designated window. You can find more information in Federal Register notices or USCIS press releases.
- You have been continuously present in the U.S. since the latest TPS designation period began.
- You have been continuously present in the U.S. since the date specified in the Federal Register notice of designation.
- You have not been deemed inadmissible.
Applying for TPS
Applying for Temporary Protected Status requires the following steps:
- Complete and submit USCIS Form I-821 along with a filing fee, proof of identity, nationality and residence, and a fee for biometric services if you are 14 or older. You may also submit USCIS Form I-765 if you want employment authorization and are between the ages of 14 and 65.
- Don’t forget to re-register with the USCIS each and every time your TPS designation is extended. This means repeating step 1. If you forget to re-register, you may lose your TPS designation.
- If you are denied TPS, check the notice of denial to determine whether you are allowed to appeal the decision. For more info, see 8 CFR § 244.10 in the Code of Federal Regulations.
You can find, fill out and submit forms on the USCIS website. Or you may have the forms mailed to your residence. Be sure to read the instructions on each form carefully, fill them out properly and attach any required documents before submitting. Otherwise, you may face needless delays.
Giving Your Case the Attention It Deserves
Applying for TPS can be hard, to say the least. If you want to skip the headaches and the confusion, consult with the dedicated Austin immigration lawyers at Peek & Toland, PLLC. We will help avoid the pitfalls of the application process so you can secure your immigration status in a timely fashion. Contact our office today to learn more.