Temporary Protected Status
Temporary Protected Status Immigration Lawyer NYC
Temporary protected status (TPS) is a temporary status that eligible nationals of certain countries present in the United States may receive. This status allows these individuals to work and live in the United States for limited periods of time. People who may be eligible for temporary protected status are those that are from countries affected by natural disaster or armed conflict.
How is Eligibility for Temporary Protected
Status Determined?
Currently, there are ten countries from which persons may have temporary protected status in the United States. These countries include Haiti, Syria, Honduras, Yemen, El Salvador, Nepal, Somalia, Sudan, South Sudan, and Nicaragua. If you are looking for more information about what countries are designated for temporary protected status and how it may impact you, a TPS immigration lawyer in NYC can help.
When the Attorney General designates a country’s nationals for temporary protected status, it means that any nationals of that country who are in the United States at the time of the designation may then apply for temporary protected status. If someone from that country enters the United States after the date of designation, that person is not eligible for temporary protected status.
What Happens When A Temporary Protected Status
Is About to Expire?
The temporary protected status for a country’s nationals is temporary and only lasts for a certain period of time. However, when the status is approaching its expiration date, the Attorney General of the United States does have the ability to redesignate or extend the status.
If the Attorney General chooses to redesignate, then any nationals of that country who have entered the United States since the time of the original designation may apply for temporary protected status. If the Attorney General merely extends the status, then previous recipients will maintain their status until the new expiration date, but no new applications for status will be accepted for those entering the United States after the original designation date.
What Are the Eligibility Requirements to Obtain
Temporary Protected Status?
If a person is a national of a country that has been designated for temporary protected status or has no nationality but last habitually resided in that country, they may be eligible to apply for temporary protected status benefits if certain conditions apply. If you are wondering if you are eligible to receive temporary protected status, a TPS immigration lawyer NYC can help you learn more.
In addition to the above, in order to successfully obtain temporary protected status, the individual must also:
-
Establish continuous residence in the United States and the necessary continuous
physical presence that is specified by each designation - Apply for temporary protected status within the designated time period.
- Not be subjected to one of the security-related, criminal, or other bars to temporary protected status.
It is also important to note that if the Attorney General of the United States chooses to extend a temporary protected status designation beyond the initial period, a beneficiary must timely re-register in order to maintain their temporary protected status benefits under this program.
What Kinds of Things Could Cause Someone to Be
Ineligible for Temporary Protected Status?
Additionally, there are some reasons that a person may be automatically ineligible for temporary protected status, even if they meet all other requirements for eligibility. A person will be ineligible for temporary protected status if he or she:
- Has been convicted of a felony or of two or more misdemeanors committed in the United States;
- Is subject to any of the terrorism-related or criminal-related grounds of inadmissibility for which a waiver is not available; or
- Is someone who ordered, assisted, incited, or who otherwise participated in the persecution of anyone of account of race, nationality, religion, political opinion, or membership in a particular social group, or is otherwise subject to one of the bars to asylum.
If any of the above circumstances apply, that individual will not be eligible for temporary protected status. If you are concerned about whether you may fall into one of the above categories, it is best to speak with an experienced TPS immigration lawyer NYC to be sure about your eligibility before moving forward in the process.
Is There Any Way to Still Successfully Apply for Temporary Protected Status If I Did Not Apply During the Initial Registration Period?
In some cases, late initial registration may still be available for nationals of a country who did not apply during the initial registration period of that country’s designation of temporary protected status. In order to be eligible to apply under these circumstances, the applicant must first meet all other requirements for temporary protected status.
If they are otherwise eligible to obtain temporary protected status, a late initial registrant will need to establish eligibility to file late. A late initial registrant must show that one or more of the late initial filing conditions existed at the time of the initial registration period and also that one or more of these conditions existed within 60 days of filing the late initial application. It is also important to keep in mind that spouses and children of individuals eligible for temporary protected status are unable to derive continuous physical presence or continuous residence from their spouses or parents for a late initial filing.
What Are the Late Initial Filing Conditions That Would Allow Me to Apply Late?
If you meet any of the below late initial filing conditions, you may still be eligible to apply for temporary protected status after the initial registration period has closed. You may still be eligible if:
- You were granted voluntary departure status or any relief from removal, or were a nonimmigrant;
- You were a parolee, or you had a pending request for re-parole;
- You had an application for adjustment of status, change of status, voluntary departure, asylum, or any relief from removal pending or subject to further review or appeal;
- You are a spouse of a person who is currently eligible for temporary protected status.
Will I Be Authorized to Work in The United States as an Applicant for Temporary Protected Status?
Eligibility for employment is a common concern for those interested in applying for temporary protected status. Temporary protected status applicants will be eligible to receive an Employment Authorization Document based on their temporary protected status, but only if they have an approved or pending initial Form I-821. Form I-821 is an Application for Temporary Protected Status.
Employment Authorization Documents that are issued while the initial Form I-821 is pending will show Category C19 on the documents. Keep in mind that receiving a C19 Employment Authorization Document does not mean that you have been granted temporary protected status, as this is given while the application is pending.
Once the initial Form I-821 is approved, Employment Authorization Documents will show Category A12. A TPS immigration lawyer NYC can help you understand the specifics of your eligibility to work in the United States while your application for temporary protected status is pending.
If your application is denied, you will be informed whether you have the option to appeal to the USCIS Administrative Appeals Office, which must occur within 30 days. In some cases, denied applicants do not have the right to appeal because they were placed in removal proceedings when the TPS application was denied by the United States Citizenship and Immigration Services (USCIS). If this is the case for you, you may instead request that the immigration judge adjudicate your temporary protected status application.
Another option may be to file a motion to reconsider with the service center responsible for adjudicating your temporary protected status application. To do this, you will need to file a Form I-290B, Notice of Appeal or Motion.
At this stage in the process, it may be extremely helpful to you to hire a TPS immigration lawyer NYC to assist you moving forward. It may make the difference between successfully obtaining temporary protected status or your application remaining denied.
Do I Need an Attorney to Obtain
Temporary Protected Status?
It is always a good idea to consider hiring an experienced TPS immigration lawyer NYC before you begin the process of applying for temporary protected status. Your attorney will help you make sure that you provide all of the necessary documentation and meet all of the filing deadlines.
To learn more about how a TPS immigration lawyer NYC can help you navigate this process, contact the attorneys at Feiner and Lavy, P.C. today. The attorneys at Feiner and Lavy, P.C. have helped many of their clients successfully obtain temporary protected status. With many years of experience handling many different immigration-related cases, the lawyers at Feiner and Lavy, P.C. know what it takes to successfully fight for their clients’ rights.
