You might qualify for Temporary Protected Status (TPS) in the US if you come from a country in conflict, natural disaster, or other tough times. TPS is a relief organization that protects those who cannot safely return to their country because of these tragic circumstances. It’s granted by U.S. U.S. Citizenship and Immigration Services (USCIS) and protects you from being deported if you’re in the U.S. You might also qualify for work permits and travel visas.
Before applying for TPS, though, you should know the pros and cons. We will discuss the pros and cons of the TPS application here for you to determine if it’s the right thing for you.
Pros of Applying for TPS
Some benefits to submitting to TPS are as follows:
Protection from Deportation
This is the best part about TPS, it saves you from deportation. If your country is in catastrophic conditions such as war, natural disasters, or other dangerous states, TPS won’t compel you to go back to them. TPS generally only exists for nationals of nations who are a member of one of the following categories:
- Active armed conflict, civil war, where you are not allowed to come back.
- Earthquakes, hurricanes – which have destroyed living conditions such that you are afraid to return.
- Unusual and temporary circumstances can place your life at risk should you return, even if your country isn’t currently involved in war or catastrophe.
Immediate Eligibility Upon TPS Designation
Once the US government names your country for TPS, any citizen of that country (or any stateless person who has lived there for some time) can claim TPS. And if your home country gives TPS, then you can apply immediately, if you live in the U.S.
Work Authorization
You can then get TPS and obtain an Employment Authorization Document (EAD) to work legally in the U.S. That means you won’t be deported for working illegally, and you will have enough money to keep yourself and your family alive while staying in the US.
Travel Authorization
The TPS holders can also request the right to travel abroad. You can also go outside the U.S. and come back without losing your TPS status by submitting an Application for Travel Document (Form I-131). This flexibility comes in handy especially if you want to visit family or have a lot to do in your home country.
Cons of Applying for TPS
There are plenty of upsides to TPS, but some key downsides as well:
Limited Eligibility
It is the U.S. government that determines who receives TPS and not every country in conflict, disaster, or other unusual circumstances will receive it. This means that TPS will not be granted solely because your country is suffering. If your country is granted TPS, you must meet the required eligibility criteria and be living in the U.S. at the time TPS is granted. You won’t be eligible if you come to the U.S. after the TPS status for your country.
Temporary Status
TPS is not permanent. It is a deferred status that requires periodic reassignment. You can apply for work permits and travel cards, but there is no guarantee that TPS will be renewed. The U.S. government regulates TPS and decides whether to extend or end it for your country. Therefore, your ability to stay in the U.S. depends on the government’s decisions each time you renew your TPS.
Proof of Continuous Residence
You need to show that you have a steady address in the U.S. to receive TPS. This demonstrates you have been in the U.S. since your country’s TPS number. Among the documents you may have to submit:
- Work documentation (eg, pay stubs or tax returns)
- Rent receipts or utility bills
- School records if you or your children are at school.
- List of medical records if you or someone in your family has been treated in the United States.
- Affidavits from acquaintances (church governing bodies, local councilmen).
- You will have to demonstrate not just your address but also that you are a citizen of the country of designation, or that you have been residing in that country.
High Application Fees
Applying for TPS is not cheap. The forms (such as Form I-601) can run more than $900, and if you’d like to get the fee waived, you have to request one separately (Form I-912). Although there are exceptions for exemption of fees, some applicants might not be able to take advantage of this.
No Entry to a Green Card or Citizenship
TPS doesn’t direct you towards permanent residency (green card) or US citizenship. TPS does not foreclose you from obtaining a green card or citizenship at a later date, but it does not make these benefits available. If you qualify for a green card or citizenship, that will be decided in individual circumstances, depending on your immigration status, etc. The Supreme Court could decide someday whether TPS holders get a special path to permanent residency.
Possible Status Reversion
If TPS is canceled for your country, your status will revert to what it was before receiving TPS. This means that if you were living in the U.S. illegally before applying for TPS, you will lose protection and may have to leave the U.S. unless you obtain a new status. Since TPS is not permanent, your legal status could change if the program is suspended.
Temporary Protected Status can help if you come from a country in which there is conflict, natural disaster, or extraordinary conditions that make it unsafe to return home. TPS provides insurance against deportation, job permits, and foreign travel. But don’t forget that TPS is not permanent, it’s complicated and doesn’t result in permanent residency or citizenship.
The Application Process for Temporary Protected Status (TPS)
Temporary Protected Status (TPS) provides temporary immigration relief to individuals from designated countries experiencing ongoing conflict, environmental disasters, or other extraordinary conditions. This guide outlines the application process, including required forms, documentation, and potential pitfalls.
Determine Eligibility:
You must be a national of a TPS-designated country or a person without nationality who last habitually resided in that country.
Ensure you meet the continuous physical presence (CPP) and continuous residence (CR) requirements since the specified dates for your country.
Complete Required Forms:
Form I-821: This is the primary application form for TPS. You can file it online or by mail, depending on your situation and preference.
Form I-765: If you wish to request an Employment Authorization Document (EAD), submit this form alongside your I-821. Filing them together can expedite the processing of your work permit.
Gather Documentation:
Collect evidence to support your application, such as proof of identity, nationality, and continuous presence in the U.S. This can include passports, birth certificates, and any official documents showing your residency.
Pay Fees:
Review the fee schedule on the USCIS website. The filing fee for Form I-821 is typically $50, while Form I-765 may have an associated fee unless you qualify for a fee waiver.
Submit Your Application:
File your completed application package according to the instructions specific to your country’s TPS designation. Ensure all forms are signed and dated.
USCIS Adjudication:
After submission, USCIS will review your application and may request additional evidence (RFE). Respond promptly to any requests to avoid delays.
Receive Notification:
USCIS will notify you of their decision regarding your TPS application. If approved, you will receive documentation confirming your status.
Timeline for the Application Process
The processing time for TPS applications generally ranges from 10 to 18 months, depending on various factors such as the designated country and whether you are applying for initial TPS or re-registration. Applicants should remain patient and check their status through the USCIS website regularly.
Potential Pitfalls During the Application Process
- Incomplete Applications: Ensure all forms are filled out completely and accurately. Missing information can lead to delays or denials.
- Failure to Respond to RFEs: If USCIS issues a request for evidence, respond within the specified timeframe to avoid denial of your application.
- Not Meeting Deadlines: Be aware of registration periods and deadlines specific to your country’s TPS designation. Late applications may not be accepted unless you qualify for late filing.
The Process of Reapplying for TPS
If your TPS status is about to expire, follow these steps:
- Reapply Before Expiration: You must re-register during the designated re-registration period announced by USCIS.
- Submit Required Forms Again: Use Form I-821 for re-registration and include any updated documentation or evidence as needed.
- Stay Informed About Changes: Regularly check official announcements regarding TPS designations or extensions on the USCIS website or other reliable sources.
Common Misconceptions About TPS
- TPS Leads to Permanent Residency: A common myth is that holding TPS automatically leads to permanent residency; however, TPS is temporary and does not provide a direct path to a green card.
- Work Authorization Confusion: Some believe that TPS holders cannot work legally in the U.S., but they can apply for an EAD while their TPS is valid.
- Application Mistakes: Many applicants fail due to common errors such as incomplete forms or missing deadlines. Thoroughly review all materials before submission.
What Happens if TPS is Denied or Expired?
- If Denied: If your application is denied, you may appeal the decision depending on the circumstances surrounding your case. Consult with an immigration attorney for guidance on how to proceed.
- Consequences of Expiration: If your TPS expires without re-registration, you may lose lawful status in the U.S., which could lead to deportation proceedings if you do not have another valid immigration status.
- Maintaining Lawful Status: Explore other immigration options if your TPS expires, such as applying for asylum or seeking adjustment of status through family connections or employment opportunities.
How TPS Affects Your Ability to Apply for U.S. Citizenship
- Naturalization Eligibility: Generally, holding TPS does not directly grant eligibility for U.S. citizenship; however, it may serve as a stepping stone if you later adjust your status through other means.
- Impact on Long-Term Goals: While TPS provides temporary relief from deportation, it does not confer permanent residency status directly; thus, individuals should consider alternative pathways toward achieving lawful permanent resident status when possible.
- Transitioning from TPS: If eligible, individuals may apply for adjustment of status based on family ties or employment opportunities once they meet all necessary requirements.
-Research and think long and hard about the pros and cons of TPS before applying. Whether you’re eligible or not is something you should discuss with an immigration specialist or lawyer such as those at Law and Visas to better understand your situation and process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a Refugee or Asylum Status or a B-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
