TPS Immigration Attorney

✓ What is TPS status - Countries & process in 2024 | Curbelo Law

What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) is a humanitarian relief option under United States immigration law. It is designed to provide a safe haven for nationals of certain countries who are experiencing conditions preventing their safe return. These conditions might include ongoing armed conflict, environmental disasters, epidemics, or other extraordinary and temporary conditions. TPS allows eligible individuals to stay and work in the U.S. for a designated period, without fear of deportation.

Countries Currently Designated for TPS

We provide TPS services to eligible citizens of TPS-designated countries. The U.S. government periodically designates countries for TPS in response to dire conditions in those countries. As of the latest updates, several countries have been designated for TPS due to a variety of conditions such as natural disasters, armed conflict, and other extraordinary circumstances. These designations reflect the U.S. commitment to humanitarian relief and the recognition of the challenges that would be faced by nationals forced to return under such conditions.

    • Afghanistan
    • Burma (Myanmar)
    • Cameroon
    • El Salvador
    • Ethiopia
    • Haiti
    • Honduras
    • Nepal
    • Nicaragua
    • Syria
    • Somalia
    • Sudan and South Sudan
    • Ukraine
    • Venezuela
    • Yemen

Benefits of TPS

TPS provides several critical benefits to its beneficiaries:

  • Protection from deportation for individuals who might otherwise be removable from the United States. TPS holders are not subject to detention by the Department of Homeland Security (DHS) based solely on their immigration status in the U.S.
  • Opportunity to apply for work authorization to work in the United States for the duration of the TPS designation.
  • Opportunity to apply for travel authorization permitting travel outside of the United States and ensuring re-entry based on TPS.

While TPS offers temporary relief, including the legal right to live and work in the U.S., it does not provide a path to lawful permanent residency or any other long-term immigration status. However, its impact can be transformative, legally securing an individual’s presence in the U.S. TPS beneficiaries may apply for nonimmigrant status, file for adjustment of status based on an immigrant petition, or apply for any other immigration benefit or protection they may be eligible for without affecting their TPS.

Eligibility Criteria for TPS

Eligibility for TPS is determined by several criteria, including:

  • Being a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country.
  • Filing during the open initial registration or re-registration period, or meeting the requirements for late initial registration during any extension of the country’s TPS designation.
  • Being continuously physically present in the United States since the effective date of the most recent designation of the country.
  • Being continuously residing in the United States since the date specified for the country.

Maintaining TPS

Once you are granted TPS, you must re-register during each re-registration period to maintain TPS benefits. This applies to all TPS beneficiaries, including those who were initially granted by USCIS, an Immigration Judge, or the BIA. Follow the instructions above to apply for re-registration.

Legal Assistance for TPS Applicants

Navigating the TPS application process can be complex, requiring detailed documentation and adherence to specific legal criteria. At our law firm, we specialize in providing comprehensive legal services to individuals from all TPS-eligible countries. Our team is dedicated to guiding you through every step of the application process, from determining eligibility and gathering necessary documentation to filing your application and supporting you in case of any legal challenges.

Our firm offers expertise in all areas of immigration law, including TPS applications, ensuring that you receive knowledgeable, compassionate, and personalized legal assistance. We are committed to helping you secure your status in the United States during tumultuous times in your home country.

TPS Registration Period

The Temporary Protected Status (TPS) registration period is a critical timeframe for individuals seeking to benefit from TPS under United States immigration law. This period is established by the U.S. Department of Homeland Security (DHS) and has two primary phases: the initial registration period and the re-registration period.

Initial Registration Period

When a country is first designated for TPS, or an existing designation is extended, DHS announces an initial registration period. This period is the window of time during which eligible individuals from the designated country who are already present in the United States can apply for TPS for the first time. The initial registration period typically lasts for at least 180 days from the date of the Federal Register notice announcing the designation.

Re-registration Period

For individuals who already have TPS and wish to maintain their status due to the extension of their country’s designation, DHS announces re-registration periods. These periods allow current TPS beneficiaries to reapply for TPS and extend their work authorization.

  • (updated 03/10/2024) The re-registration period under the TPS designation of:
  • El Salvador is currently open and runs through March 9, 2025;
  • Haiti is currently open and runs through Aug. 3, 2024;
  • Honduras is currently open and runs  through July 5, 2025;
  • Nepal is currently open and runs through June 24, 2025;
  • Nicaragua is currently open and runs through July 5, 2025; and
  • Sudan is currently open and runs through April 19, 2025.

Late Registration

In certain circumstances, individuals may be eligible for late initial registration if they meet specific criteria outlined by USCIS, such as being in a valid immigration status or filing within a reasonable period following the lapse of such status.

Applying for TPS or re-registering requires careful attention to deadlines, eligibility criteria, and documentation requirements. Failure to comply with these aspects can result in loss of TPS and associated benefits, including work authorization and protection from deportation. Therefore, individuals seeking to apply for or maintain TPS are advised to work with an immigration attorney to ensure they navigate the process correctly and timely.

Contact Us for TPS Assistance

If you or a loved one is seeking Temporary Protected Status, please contact our law office. Our experienced immigration attorney and dedicated staff are here to provide you with the legal support and representation you need to navigate the complexities of TPS and other immigration matters. Let us help you secure your future in the United States, and schedule a consultation.