Temporary Protected Status
Description
Temporary Protected Status (TPS) is a temporary immigration status for
certain eligible foreign nationals from designated countries. Congress
established a procedure that allows the Attorney General of the United
States to provide TPS to aliens in the United States who are temporarily
unable to return to their homeland because of environmental disasters,
ongoing armed conflicts or other extraordinary conditions.
Who Is Eligible
The Attorney General currently has designated citizens of Nicaragua,
Angola, Sierra Leone, Burundi, Somalia, El Salvador, Sudan, Honduras and
Montserrat as eligible to register for TPS. Below are the requirements
that must be met by applicants for TPS:
- Applicants must establish continuous physical presence and continuous
residence in the United States for a period of time identified by the
relevant regulation;
- Applicants must be subject to several criminal and security-related
bars; and
- Applicants must register for TPS benefits within the time period identified
by the relevant regulation. (Note: If the TPS designation is extended
beyond the initial designation period, the beneficiary must timely re-register
to maintain his or her benefits under the TPS program.)
Visa Duration
Generally TPS is granted or extended on an annual basis at the discretion
of the Attorney General's Office.
Renewability
Generally TPS is granted or extended on an annual basis at the discretion
of the Attorney General's Office.
Family Benefits
If approved the applicant cannot be removed or deported from the U.S.
and the applicant receives employment authorization for a specified period
of time. Each member of the family must meet the eligibility requirements
and apply independently to receive the benefits of TPS.
What Documentation Do I Need?
- Evidence that the applicant has registered for TPS prior to the extension
announced by The US Immigration Service on May 1, 2002. (This can
be an Employment Authorization Document)
- Evidence that the applicant has been present in the U.S. as of January
5, 1999 and has continually resided in the U.S. since December 1998.
- Proof that you have registered for TPS in the past (unless you are
eligible for late registration).
- Birth Certificate
- Two passport size photographs on white background
What is the Process like?
Stage One:
Prepare and submit application and supporting documentation with the
appropriate US Immigration Service center:
- Form I-821 and Form I-765
- Evidence that applicant has been present in the U.S. as of the appropriate
date and has continually resided in the U.S. since that time
- Proof that you have registered for TPS in the past (unless you are
eligible for late registration).
- Birth certificate or supporting evidence of identity and nationality
- Evidence of residency
- Two passport size photographs on white background
- The US Immigration Service Filing Fees
Stage Two:
Receive work authorization card in the mail (this can take 90-120
days depending on the individual US Immigration Service center processing
times and work load)
What are the BCIS Filing Fees?
Fees for form I-821, I-765 and
fingerprints (click here to verify the US Immigration Service fees as
these change regularly--:
http://www.uscis.gov/portal/site/uscis/menuitem.
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What are the Legal Fees?
Click here to learn more about our fee
structure.
Click here if you would like to come
in for a free initial consultation.
Where Can I Get More Information?
The US Immigration Service information
of Temporary Protected Status:
http://uscis.gov/graphics/howdoi/tps.htm
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