What is Temporary Protected Status (TPS)?
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
The Secretary may designate a country for TPS due to the following temporary conditions in the country:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
What is the benefit of TPS grant?
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):
- Are not removable from the United States
- Can obtain an employment authorization document (EAD)
- May be granted travel authorization
Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.
NOTE: Please note that if you are here on a non-immigrant valid visa such as F1 – applying for EAD work permit and working on it will result in violation of your F1. Therefore, it is very important to know the rules and requirements before you apply for TPS.
Is TPS grant permanent?
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:
- Applying for nonimmigrant status
- Filing for adjustment of status based on an immigrant petition
- Applying for any other immigration benefit or protection for which you may be eligible.
Due to the ongoing war between Russia and Ukraine, DHS recently designated Ukraine temporary protected status. Therefore, eligible citizens of Ukraine who have been in the United States since March 1, 2022 can apply for this benefit.
I am a Ukraine citizen and have been in the United States before March 1, 2022. What do I need to apply for TPS?
To be eligible for TPS, you must:
- Be a national of a Ukraine, or a person without nationality who last habitually resided in Ukraine;
- File during the open initial registration or re-registration period. The registration will go into effect with the next publication of the federal register
- Have been continuously physically present (CPP) in the United States since the March 1, 2022; and
- Have been continuously residing (CR) in the United States since March 1, 2022. (The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.
To find out more about TPS requirements, fees, processing time and registration period, please contact our office at the below contact details:
Address: 290 Citrus Tower Blvd, suite 223, clermont, Fl 34711
Phone number: 352-404-6166
Fax: 352-404-8159
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