What is Temporary Protected Status?
Temporary Protected Status (TPR) is used in many cases where a certain country’s citizens need temporary stay in the United States due to the extraordinary circumstances. Often, this is due to unsafe living conditions in their home country, such as severe weather or environmental changes or dangerous armed conflicts. Citizens from countries that are granted Temporary Protected Status can file for it with the help of an immigration lawyer. A good immigration attorney can also assist in obtaining employment authorization for such individuals. TPS provides temporary safe havens for people who are seeking to avoid deportation if their home country is dangerous, and allows immigrants from those countries to remain in the United States during the time period specified for the country report.
Who Can Apply for Temporary Protected Status?
If a country is eligible for a Temporary Protected Status, its citizens are able to apply, but they will not be granted a legal status in the US automatically. There are certain requirements that each applicant must satisfy. Mainly, the applicant must already be physically present in the U.S. at the time the TPS was granted to his country of citizenship. The individual must also have a clean record, free of criminal activity and other red flags. Further restrictions may be set for an individual country, which will be described in each country’s report and can be verified through an immigration attorney.
What are the Requirements?
The requirements often vary depending on the country in question. The nationals of countries, which are granted Temporary Protected Status, are the only individuals to whom this program is available. The person who meets all imposed requirements, including physical presence and background check, may submit an application to USCIS, requesting to be authorized for a Temporary Protected Status and be eligible to work in the US during his stay. Once approved, the status will be issued until the cut-off date that was initially established for the country.
How does the Application Process Work?
If you are a national of a country that is currently a TPS country, and have been physically present in the United States, the first step of the application process is to file form I-821 during the filing period designated for your country (these and other forms can be found online or provided by an immigration attorney). It is imperative to prove your nationality by a passport or a birth certificate, along with evidence of your date of entry and continuous presence in the US, which is done by submitting form I-94 arrival/departure record. If the application fee is unreachable, a request for a fee waiver can be submitted as well.
All necessary forms and documents are forwarded to the USCIS for review and consideration. Once all documents are received and entered in the USCIS computer system, the applicant will be called for an appointment to have his biometrics captured at an Application Support Center. At this point, USCIS will determine your work eligibility and approve or deny the application.