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Temporay Immigration

TPS - Temporary Protected Status

Description

Temporary Protected Status (TPS) is a temporary immigration status for certain eligible foreign nationals from designated countries. Congress established a procedure that allows the Attorney General of the United States to provide TPS to aliens in the United States who are temporarily unable to return to their homeland because of environmental disasters, ongoing armed conflicts or other extraordinary conditions.

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Who Is Eligible

The Attorney General currently has designated citizens of Nicaragua, Angola, Sierra Leone, Burundi, Somalia, El Salvador, Sudan, Honduras and Montserrat as eligible to register for TPS. Below are the requirements that must be met by applicants for TPS:

  • Applicants must establish continuous physical presence and continuous residence in the United States for a period of time identified by the relevant regulation;
  • Applicants must be subject to several criminal and security-related bars; and
  • Applicants must register for TPS benefits within the time period identified by the relevant regulation. (Note: If the TPS designation is extended beyond the initial designation period, the beneficiary must timely re-register to maintain his or her benefits under the TPS program.)
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Visa Duration

Generally TPS is granted or extended on an annual basis at the discretion of the Attorney General's Office.

Renewability

Generally TPS is granted or extended on an annual basis at the discretion of the Attorney General's Office.

Family Benefits

If approved the applicant cannot be removed or deported from the U.S. and the applicant receives employment authorization for a specified period of time. Each member of the family must meet the eligibility requirements and apply independently to receive the benefits of TPS.

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What Documentation Do I Need?

  • Evidence that the applicant has registered for TPS prior to the extension announced by The US Immigration Service on May 1, 2002. (This can be an Employment Authorization Document)
  • Evidence that the applicant has been present in the U.S. as of January 5, 1999 and has continually resided in the U.S. since December 1998.
  • Proof that you have registered for TPS in the past (unless you are eligible for late registration).
  • Birth Certificate
  • Two passport size photographs on white background
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What is the Process like?

Stage One:
Prepare and submit application and supporting documentation with the appropriate US Immigration Service center:

  • Form I-821 and Form I-765
  • Evidence that applicant has been present in the U.S. as of the appropriate date and has continually resided in the U.S. since that time
  • Proof that you have registered for TPS in the past (unless you are eligible for late registration).
  • Birth certificate or supporting evidence of identity and nationality
  • Evidence of residency
  • Two passport size photographs on white background
  • The US Immigration Service Filing Fees

Stage Two:
Receive work authorization card in the mail (this can take 90-120 days depending on the individual US Immigration Service center processing times and work load)

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What are the BCIS Filing Fees?

Fees for form I-821, I-765 and fingerprints (click here to verify the US Immigration Service fees as these change regularly--:
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.

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What are the Legal Fees?

Click here to learn more about our fee structure.
Click here if you would like to come in for a free initial consultation.

Where Can I Get More Information?

The US Immigration Service information of Temporary Protected Status:
http://uscis.gov/graphics/howdoi/tps.htm

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Disclaimer: The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.