Temporary Protected Status
Temporary Protected Status Immigration Attorney in Georgia
Sometimes, unfortunate events happen, making it unsafe for a foreign national residing in the United States to return to his or her home country. For instance, there may be a civil war, political turmoil, environmental disaster, or an outbreak of a disease. In these situations, an individual may be able to stay in the United States as a beneficiary of Temporary Protected Status (TPS).
If you wish to apply for TPS, it is advisable to consult a skilled Georgia immigration attorney who is well-versed in immigration law. At the Law Office of Jeffrey B. Kelly, we provide legal assistance to our clients who require TPS registration and other immigration-related matters. We can help you complete all the necessary forms and gather all the required evidence to be granted temporary protected status. We will handle every aspect of the filing procedure and assist you in any way we can.
Call us now and schedule an initial consultation.
What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a temporary immigration status granted to foreign nationals living in the United States whose home countries are considered to be temporarily dangerous. This benefit is made available for those who are unable to safely return to their country because of an ongoing armed conflict, environmental disaster, epidemic, or some other hazardous and temporary condition.
The TPS was established by Congress under the Immigration Act of 1990. This status is not the same as a non-immigrant status or lawful permanent resident status (green card). It only serves to protect a foreign national from deportation or removal when they are unable to leave the United States due to circumstances outside of their control. A reliable Georgia temporary protected status immigration lawyer can help explain what this status means and whether or not you are eligible to apply.
Who is Eligible for Temporary Protected Status?
To qualify for TPS, you must be a citizen of one of the designated countries recognized by the U.S. Citizenship and Immigration Services (USCIS). Once a country has been granted TPS designation, the nationals of that country who wish to benefit from this designation must also meet certain eligibility criteria. These include the following:
- You must be a national or a habitual resident of a TSP-designated country.
- You must have continuously resided in the U.S. since the date that was specified for your country.
- You must have been continuously physically present in the United States since the date on which your country received its most recent TPS designation.
- You must file during the open initial registration or re-registration period. However, certain individuals may be permitted to file during the late initial filing if the TPS designation for their country was extended.
Foreign nationals of a designated country do not automatically receive TPS, but instead must register during a specific registration period and pay significant fees. If you are concerned about your eligibility, consult a knowledgeable temporary protected status immigration attorney in Georgia to determine whether you are qualified to apply as a TPS beneficiary.
Who is Not Eligible for Temporary Protected Status?
It is not enough to merely be a citizen of a designated nation to be eligible for TPS. You will not be granted TPS or may not be able maintain your current TPS for any of the following reasons:
- You have been convicted of a felony or two or more misdemeanors committed in the United States.
- You fail to meet initial or late initial TPS registration requirements
- You are found inadmissible as an immigrant under INA 212(a).
- You fail to meet the continuous physical presence and continuous residence requirements
- You are subject to any of the mandatory bars to asylum. This includes participating in the persecution of another person or engaging in or inciting terrorist activity.
- You fail to meet the TPS registration requirements.
- If granted TPS, you fail to re-register for TPS, as required, without good cause.
How to File for Temporary Protected Status?
Filing a TPS application requires many forms and paperwork. You need to have clear and substantial documentation. Therefore, it is highly recommended to seek legal advice from a seasoned Georgia TPS immigration lawyer to help prepare the necessary documents and accomplish all forms accurately.
If you need to file for TPS, you must provide proof of your identification and nationality such as a copy of your passport, birth certificate, or any national document bearing your photograph or fingerprint that was issued by your country. In addition, you need to present evidence of your date of admission and continuous residency in the United States. You must fill out Form I-821 (Application for Temporary Protected Status), Form I-765 (Application for Employment Authorization), and Form I-601 (Application for Waiver of Grounds of Inadmissibility, if applicable).
What are the Benefits of Temporary Protected Status?
The Temporary Protection Status offers many benefits for those who are approved. It includes provisional protection against deportation, travel authorization, and permission to work in the United States for a limited time. A credible Georgia temporary protected status immigration attorney can help explain the privileges and advantages of being a TPS beneficiary.
Authorized Stay in the United States
Temporary Protected Status gives you the right to live and remain in the United States during the designated period for your TPS country. The length of your stay in the U.S. under TPS depends on the nature of the hazardous situation in your home country. It may also vary depending on the length of time for which the U.S. Department of Homeland Security designates your native country as eligible for TPS protection. The initial period provided will be no less than six months and could be up to 18 months.
Another key benefit of Temporary Protected Status is being able to work in the United States. As a TPS beneficiary, you may request an Employment Authorization Document (also known as an EAD or work permit) that will allow you to work while in the United States during the designated period. You need to file Form I-765, Application for Employment Authorization, and Application for TPS Benefits (Form I-821) at the same time.
Travel Outside the United States
As a TPS beneficiary, you can apply for permission to travel abroad. Before traveling outside the United States with TPS, you need approval from the USCIS. To obtain this approval, you need to file Form I-131 or Application for Travel Document. Once your request is approved, you will receive an Advance Parole travel document.
The advance parole will allow you to travel abroad and return to the U.S. within the time frame for which you are authorized. Although an Advance Parole travel document allows multiple reentries, you can only travel and stay outside the United States for not more than 90 days. If you fail to obtain your Advance Parole document or return within the approved dates, your Temporary Protected Status will be revoked.
How Long are Temporary Protected Status Designations?
A TPS designation can be granted for 6, 12, or 18 months. At least 60 days before the expiration of TPS, the Secretary must decide whether to extend or terminate a designation based on the conditions in the foreign country.
Decisions to begin, extend, or terminate a TPS designation must be published in the Federal Register. If an extension or termination decision is not published at least 60 days in advance of expiration, the designation is automatically extended for six months. The law does not define the term “temporary” or otherwise limit the amount of time for which a country can have a TPS designation.
Speak to our Experienced Georgia Temporary Protected Status Immigration Attorneys Now!
The process of applying for TPS can be daunting and overwhelming. There are many USCIS standards and procedures that must be followed to obtain this status. One of the most important steps that you need to take is providing the correct forms and documentation for your TPS application.
If you or a loved one have questions about whether you qualify for Temporary Protected Status protection, you must consult with our competent Georgia temporary protected status immigration attorneys at the Law Office of Jeffrey B. Kelly. Our immigration law firm represents clients across Georgia as they navigate various immigration procedures, including TPS. We can advise you on the necessary steps and guide you throughout the process to obtain or maintain Temporary Protected Status (TPS).
Contact us now and schedule an initial consultation.
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