How does TPS work?
The government of the United States designed special procedures for countries that are engulfed in crisis. It’s called Temporary Protected Status (TPS) and remains connected with certain profits for its beneficiaries. How does TPS work and in what way you can apply for it?
Which countries can be chosen for the TPS procedure?
The Secretary of Homeland Security may choose countries whose situation is unstable and thus renders impossible safe return of its citizens. Usually, TPS is declared, when a country battles with:
- armed conflict or civil war;
- environmental disaster;
- state of the pandemic;
- other extraordinary and temporary conditions.
Who can obtain TPS?
Status of TPS can be granted by the United States Citizenship and Immigration Services (USCIS) for two groups of people:
- nationals of a chosen country;
- individuals without nationality who last resided in a designated country.
What rights does TPS grant?
During the period of designation, a TPS beneficiary:
- is not removable from The United States;
- can obtain an employment authorization document, which entitles them to take a job;
- may be granted travel authorization outside the United States;
- cannot be detained due to his or her immigrant status.
What are eligibility requirements for TPS?
Before obtaining TPS, the applicant must fulfil certain premises:
- be a national of TPS-chosen country or person without nationality who last habitually resided therein;
- file documents during registration, re-registration period or meet the requirements for filing late;
- can prove continuously residing (CR) or continuously physically present (CPP) in the United States. Only when absences are brief, casual, or innocent, presence is deemed to be uninterrupted. However, it can be questioned by USCIS.
- have been convicted of any felony or two or more misdemeanors in the United States;
- are found inadmissible as an immigrant because of Immigration and Nationality Act;
- are excluded from the Grant of Asylum due to the persecution, terrorist activity, or other serious crimes;
- fail to meet CR or CPP premises;
- fail to meet other requirements for TPS without good reason (e.g. severe medical conditions).
How can you get TPS?
Applying for TPS obliges you to file a “TPS package”, which consists of few elements:
- Filled form I-821 or I-601 depending on circumstances, as well as I-761 for EAD document. Both papers can also be filed online;
- Identity and Nationality Evidence (e.g. passport);
- Date of Entry Evidence (e.g. departure record);
- Continuous Residence Evidence (e.g. employment records, bills).
Do you have to pay for TPS?
Payment for TPS is obligatory if you’re applying for the first time. It depends on a few factors such as:
- Applicant’s age;
- Biometric service;
- Request for EAD.
How does the application process look like?
The first step is always filing a complete petition with all attachments and fees. When USCIS receives your package, it will evaluate it formally and send you a receipt with a unique number for checking the case status online. When you’re applying for TPS, your biometrics must be collected at the Application Support Center (ASC). Only in special circumstances, USCIC resigns from this step (e.g. the Applicant is under 14 years old, or it is unable to collect biometrics). Data is gathered only once. During re-registration, it is reused. Further steps include determining work eligibility and a thorough examination of your case. At this time, USCIS can ask you to bring additional documents. It should be done as quickly as possible to avoid delays or abandonment of motion. USCIS can deliver one of three types of messages:
- approval with or without EAD;
- approval of re-registration with or without EAD;
- denial of the motion.