Your Immigration Attorney Answers: What Is TPS and How Can You Get It?

If you have been trying to get a Green Card for the US, you have definitely heard about an immigrant’s TPS or Temporary Protected Status. To find out if you or one of your relatives can apply for such a status, you can ask an immigration attorney in your area. Before, you should know a few crucial things about this procedure, so read on to find out more.

What is TPS?

This is actually a temporary status or designation and it practically allows its beneficiaries to live and seek work on US ground, even travel in and out of the country, for the duration of an emergency situation. The advantage is this status permits the person to move freely without fearing the fact that they could be subject to removal proceedings for overstaying their US visa.

What situations can qualify you for a TPS?

The US authorities usually authorize such a status in case of natural disasters (hurricanes or earthquakes qualify), military or armed political conflicts or a disease outbreak situation; so basically situations that make your return to the country unsafe.

Is any foreign national eligible?

The answer is simply “no.” The authorities have a last of TPS designee countries, as well as valid registration data on the USCIS site. Usually, the list of countries whose nationals qualify for TPS is changed on a regular basis. Some of the countries listed on the most recent 2013 list include Somalia, Haiti, El Salvador, Sudan, Syria or Honduras.

Is being a foreign national all it takes?

No, you should first of all submit an USCIS application, with help from a specialized immigration attorney. A number of other eligibility requirements are also provided:

1)      You have to be physically present on US ground at the time of application. Also, you should be able to prove that, since your country has been designated TPS eligible and the date at which the aggravating events have started happening, you have been present on US soil.

2)      You need to prove you have no serious criminal record in your country, you haven’t been convicted of any felony on US ground as well.

3)      You do not have the status Not Otherwise Inadmissible. Unless a waiver is available that gets you off this status, if you have been declared inadmissible to the US, you cannot qualify for TPS.

Can I further apply for asylum?

If your country has been designated as TPS because of incidents related to political unrest, you have a solid basis to apply. This is especially true if you can prove that you have been persecuted or have reason to fear persecution, based on your nationality, political or religious beliefs.

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