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.