Temporary Protected Status
South Florida TPS Attorneys
Helping Temporary Protected Status Applicants
When another country is experiencing certain kinds of turmoil, the U.S. Department of Homeland Security can designate it for Temporary Protected Status (TPS). This allows people from that country who are already in the U.S. to continue living here for a specified period of time if returning to their home country isn’t safe.
The Gaston Law Firm, P.A. can provide the legal assistance eligible foreign nationals need to apply for TPS. This important status can help you avoid returning to your home country for a temporary period when armed conflict, environmental disaster, or other extraordinary and temporary conditions make it unsafe for you to go back. Although TPS doesn’t put you on a path toward citizenship or permanent residency in the U.S., it can provide important protection for you and your family if you are already in the U.S.
What Is Temporary Protected Status?
Temporary Protected Status is a designation that the Secretary of the U.S. Department of Homeland Security (DHS) can make when another country is experiencing crisis. TPS allows foreign nationals of a designated country who are in the U.S. at the time of designation to stay in the U.S. for a temporary period.
There are three conditions in which DHS may designate a country for TPS:
- The country is experiencing ongoing armed conflict.
- The country is experiencing an environmental disaster or epidemic.
- The country is experiencing other extraordinary and temporary conditions.
A country needs to only meet one of these conditions to receive TPS designation, although it may meet more as a matter of course.
As of March 2022, the following countries are designated for TPS:
- Burma (Myanmar)
- El Salvador
- South Sudan
TPS for Ukrainian Applicants
Due to the Feb. 24, 2022, Russian invasion of Ukraine, DHS designated Ukraine for TPS on March 3, 2022, for a period of 18 months. The reasons cited for Ukraine’s TPS designation are armed conflict and extraordinary and temporary conditions.
If you are a Ukrainian national who has been continuously present in the U.S. since this designation, you may qualify for TPS protection. Our TPS attorneys in South Florida can help you navigate this legal process and secure protection against removal while Ukraine’s TPS is in effect.
Unfortunately, anyone who reaches the U.S. after March 3, 2022, is not eligible.
If you are eligible for TPS protection, your successful application will confer several important benefits.
These benefits are as follows:
- You can’t be removed from the U.S.
- You can’t be detained because of your immigration status.
- You can apply for employment authorization, which can allow you to work in the U.S.
- You are eligible to apply for an Advance Parole (travel document).
Other benefits and protections may apply to your situation. Speak with our TPS attorneys in South Florida to learn more about what you could gain.
What Are the Basic TPS Eligibility Requirements?
You can apply for TPS if you meet all of the following eligibility requirements:
- You are a national of a country designated for TPS or you are without a nationality and last resided in a country designated for TPS.
- You file your TPS application during the initial registration or re-registration periods or you qualify for late filing if there’s an extension of your country’s TPS designation.
- You were physically present in the U.S. when your country was designated for TPS.
- You have continued to live in the U.S. since the date your country was designated for TPS.
What Happens If I Don’t Register or Re-Register for TPS?
If you fail to register or re-register for TPS, you may accrue unlawful presence in the U.S., which can place you in removal proceedings and lead to your deportation. TPS protection is not automatic – you must take action to apply for it.
Whether you are affected by the recent TPS designation for Ukraine or are another foreign national seeking protection from a country designated for TPS, our legal team at The Gaston Law Firm, P.A. can offer the legal support you need.
Immigration processes can be very complex in the U.S., especially when situations in other countries compel the DHS to designate TPS eligibility for foreign nationals currently in the U.S. If you want to learn more about how we can help you secure TPS benefits, don’t hesitate to reach out to us today for assistance.
Contact The Gaston Law Firm, P.A. online now to learn more.