Depending on your personal situation, you may decide between Asylum and Temporary Protected Status (TPS). While both options protect people who cannot safely return home, they serve different legal purposes. Learning how they differ can help you determine which protection applies to your situation.
When can you apply for asylum?
Determining your eligibility for asylum involves assessing your unique personal history against established legal criteria for protection. Accordingly, you may apply for asylum if you have suffered persecution or fear persecution because of your:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion.
Generally, you must submit Form I-589 to the government within one year of arriving in the U.S. You may also include your spouse and unmarried children under the age of 21 as dependents if they are currently in the United States. In many immigration cases, asylum is often the preferred choice for a permanent solution because it provides a direct path to a green card and U.S. citizenship.
When can you apply for TPS?
The U.S. government designates certain countries for TPS when conditions like war, natural disasters or epidemics make it unsafe for people to return home. If you are from one of these countries and meet the eligibility criteria, you can apply for TPS using Form I-821. TPS lets you live and work in the U.S. legally for a temporary period. Many people apply for both TPS and asylum to build an immediate safety net for their immigration cases.
How an immigration attorney can help you
The most important distinction between these two programs is purpose: asylum is for individuals who face persecution, while TPS is for nationals of countries experiencing dangerous conditions that affect the general population. Because both programs require you to meet certain eligibility requirements, you can review your situation carefully with an immigration attorney in your corner.
