Law

What You Should Know About Temporary Protected Status

If you are wondering about the things you should know on how to apply for TPS, this article may help you. Temporary Protected Status (TPS) is a legal immigration status for certain countries’ nationals. According to the Department of Homeland Security, there are currently about 320,000 migrant workers in the United States under this designation.

Beneficiaries of Temporary Protected Status

Beneficiaries of Temporary Protected Status (TPS) live in countries vulnerable to natural disasters or war. Congress established TPS to protect individuals from deportation.

The Department of Homeland Security has announced that TPS-related documentation will continue to be valid for those living in El Salvador, Haiti, Nicaragua, Sudan, and Nepal until December 31, 2022. Beneficiaries of TPS should continue to meet individual eligibility requirements. The DHS will publish updates in the Federal Register to help people granted temporary protection stay in the country.

Beneficiaries of TPS have deep roots in the United States. Ultimately, removing TPS from these people would hurt the U.S. economy by causing $45.2 billion in lost GDP. In addition, employers would be forced to pay almost $1 billion in turnover costs.

Eligibility

Temporary protected status (TPS) is a special immigration status that allows foreign nationals to remain in the United States and seek lawful permanent residency. The process is unique to each country, and the Secretary of Homeland Security determines the timeline. There are specific requirements to qualify for TPS and many factors that can make you ineligible. There are many benefits to being eligible for TPS. Besides being exempt from deportation, it also gives you the right to live and work in the United States. This status can be used for several reasons, including an outbreak of disease, armed conflict, or humanitarian disaster. It can also be applied to people seeking asylum in the United States.

Benefits

The Temporary Protected Status program is a process through which people from certain countries can temporarily become permanent residents of the United States. The status protects them from deportation and allows people to work legally in the United States for a specific time. It is not a green card but a viable option for people whose home countries are in crisis.

The program was created in 1990 under the Immigration Act to help people from designated countries who face a temporary threat in their country of origin. Those from these countries have a limited time to apply for protected status, and those granted it can obtain rights and privileges, including work authorization and a driver’s license eligibility. The temporary protected status can be granted for six, twelve, or 18 months. Upon approval, applicants can apply for renewal at any time.

Consultation Process

Under the Immigration and Nationality Act (INA), the Secretary of Homeland Security (DHS) may initiate a review of a country for TPS. If necessary, the Secretary may require additional reviews. The Secretary also has the discretion to designate countries for TPS and determine whether country conditions warrant an extension or termination.

TPS is a non-permanent immigration status that allows foreign nationals to work and live in the United States. This is granted to individuals from countries where returning would be dangerous. For example, these countries may be experiencing armed conflict or a host of other unusual or temporary circumstances. However, it is important to understand that there is no automatic path to citizenship for those with TPS.

Before applying, TPS beneficiaries should consult with an immigration attorney. An experienced immigration attorney can determine if the applicant meets the criteria for TPS or whether they will be eligible for a less-permanent immigration benefit. The application process for TPS involves filling out numerous forms. n.

Hank Pedro
the authorHank Pedro