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Immigration Lawyer
San Diego

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Temporary protected status (TPS) protects foreign nationals who have been temporarily displaced from their home country due to an environmental disaster, armed civil or international conflict, or some other extraordinary condition. Qualifying nationals and/or primary residents of a TPS-designated nation may seek lawful nonimmigrant status in the United States.

Applying for temporary protected status successfully can be a uniquely complicated and challenging endeavor, especially without support from an immigration attorney. A San Diego temporary protected status lawyer could greatly improve your chances of enforcing your rights under U.S. immigration law and protecting yourself from potentially imminent danger.

What Protections Does TPS Provide?

A person granted temporary protected status allows someone to enter the U.S. legally at a port of entry and reside there until conditions in their home country have improved enough to make their return there safe. Once inside U.S. borders, someone with valid and active TPS cannot be detained or deported by the Department of Homeland Security based solely on their immigration status.

Temporary protected status is inherently meant to be short-term in nature, so being granted TPS does not constitute permission to immigrate to the United States on a permanent basis, nor does it grant a recipient legal permanent resident (LPR) status. That being said, TPS recipients are eligible to apply for employment authorization through Form I-765, as well as for later adjustment of status if they are eligible to do so. A San Diego attorney could explain in more detail what temporary protected status does and does not allow individuals to do while within U.S. borders.

Applying for Temporary Protected Status in San Diego

Applicants for TPS must meet all the following eligibility requirements for their petition to be considered. An applicant must be:

  • Either a national of a TPS-designated country or someone with no nationality who last maintained habitual residence in a TPS-designated country
  • Continuously present in the U.S. since the effective date of their home country being designated for TPS
  • A continuous resident in the U.S. since the effective date of their home country being designated for TPS
  • Have filed for TPS during the applicable open registration or re-registration period, or sought and were granted permission to file late based on unique circumstances
  • Not be inadmissible to the U.S. under the Immigration and Nationality Act

Qualifying applicants must submit Form I-821 along with evidence proving eligibility. Applicants may need to file Form I-765 for work authorization if applicable. An attorney in San Diego could provide crucial clarification about what forms of documentation might serve as primary and secondary evidence of qualification for TPS.

Get in Touch with a San Diego Temporary Protected Status Attorney

Temporary protected status can be an invaluable way for foreign nationals to avoid serious harm from hazardous conditions in their home countries. That being said, USCIS imposes several important rules and restrictions for TPS applications in the interest of preventing fraud. Failing to comply with even one of them could have dire repercussions for an applicant’s chances of a favorable response to their petition.

A knowledgeable San Diego temporary protected status lawyer could give you the assistance you might need to effectively resolve your unique situation. Learn more by calling today.

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a HIL immigration attorney in
San Diego

Navigating the maze of U.S. immigration law can be tricky for anybody, especially if English is your second language or you have unique circumstances motivating you to move here. Fortunately, if you are unsure about any areas of immigration or the naturalization process, help through an immigration lawyer (San Diego) is available at the Hacking Immigration Law LLC.

Retaining one of our dedicated San Diego immigration lawyers could help you both with USCIS and other U.S. immigration authorities. To find out how immigration attorneys could help you with your specific case, call us today to schedule a consultation.
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im is a great attorney who always has his human side “ON”. The clients come first to him. When approached for time sensitive issues, he was readily available and was prompt. I have had to reach out to him for myself & have recommended him to others. He always welcomed everyone and gave patient hearing. And he would not mind recommending other attorneys’ if he feels that they would better serve that particular case. Even if it means one less client for him. That sums up who Jim is. Thank you Jim!

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Got Questions? We’ve Got Answers

The attorneys at the Hacking Immigration Law are dedicated to helping the foreign-born people of St. Louis to live and work in the United States. This dedication is reflected in the kind and grateful words of the clients they have helped. Read what others have to say about the hard work that the Hacking Immigration Law has done to help those in St. Louis.

Does paying for premium processing on an H1B case mean I will find out sooner if our case was selected in the lottery?

Premium processing is an add-on service that USCIS offers for a variety of immigration cases, primarily in the employment-based visa categories.Premium processing costs an additional $1225 in USCIS filing fees.

What is the H-1B visa lottery and how does it work?

In 2014, USCIS received more than 172,000 H-1B visa applications on the April 1st deadline, exceeding Congress’s cap by 87,000 applications.

Can an Unmarried Son or Daughter of a Lawful Permanent Resident Keep Their F2B Visa Classification After Their Sponsoring Parent Naturalizes?

The immigration laws treat the adult, unmarried children of citizens differently than the adult, unmarried children of lawful permanent residents.

What is the "newspaper of general circulation" for PERM job postings?

The Department of Labor requires employers to advertise positions that they intend to submit a PERM application on to publish the job position in the local newspaper of general circulation.

Can I Apply for Citizenship with an Expired Green Card?

In the past, USCIS and some immigration attorneys believed that you could not become a naturalized citizen if you did not have a valid green card (LPR) card to bring with you to your naturalization interview.

Is there such a thing as expedited removal of an immigrant and, if so, what is it?

Most people believe that removal orders or “deportation” orders only happen when you go to the immigration court and see an immigration judge. Unfortunately, this is not the case.

Does testing positive for HIV make someone inadmissible to the United States?

On January 4, 2010, the United States officially removed Human Immunodeficiency Virus (HIV) infection from the list of “communicable diseases of public health significance” that make an individual ineligible for admission to the United States.

Are there any special visas for translators who assisted US forces in Afghanistan or Iraq?

Under United States immigration law, there are two Special Immigrant Visas available for Iraqi citizens or nationals who have worked for the United States.