Vickerstaff Law Office

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Vickerstaff Law Office

Call For An Initial Consultation

Local: 502-442-2039 Toll-Free: 888-832-2944

Understanding Temporary Protected Status

On Behalf of | Jan 20, 2022 | adjustment of status, blog

There are many people who reside in other countries and want to live in the United States. Some want this because their family is already there, and some appreciate the work opportunities. However, some want to live in the U.S. to escape unwanted conditions.

Temporary protected status may be an option for individuals already in the U.S. who do not want to return to their home country due to civil unrest, an epidemic, an environmental disaster or other extraordinary condition that is temporary. TPS is not a path towards residency, but it does prevent removal from the United States for a specified period of time.

Eligibility for Temporary Protected Status

In order to qualify for TPS, the U.S. Citizenship and Immigration Services states that applicants must meet certain eligibility requirements. The first is to be a national from a country that has designation status for Temporary Protected Status. Currently, some of these countries include:

  • El Salvador
  • Burma
  • Honduras
  • Sudan and South Sudan
  • Somalia
  • Venezuela

Those who meet those requirements must file for the status during the initial or re-registration period, or qualify for late registration. The individual must also have maintained a constant physical presence in the U.S. since the most recent effective designation date of his or her country. There are exceptions for the continuous residing in the country, but the USCIS must approve of the departure.

Along with not meeting one or more of the previous requirements, a person is not eligible if there are convictions for a felony or multiple misdemeanor crimes committed in the U.S. The individual is also ineligible if determined inadmissible for immigration or is not eligible for asylum.

Duration of TPS designations

The American Immigration Council states that if the U.S. grants a TPS designation, this remains in place for six, 12 or 18 months at a time. The individual must re-register during the designated period in order to maintain Temporary Protected Status benefits.