Temporary Protected Status (TPS) is a form of humanitarian relief granted to foreign nationals already in the United States who can temporarily not return home due to their country experiencing warfare, natural disaster, or other extraordinary and temporary conditions. TPS offers eligible individuals protection from deportation and provides them with work authorization for a specific period. While this program does not lead to permanent residency, it does give people an opportunity to live safely for a set time with access to more stable job opportunities and income that can help provide for their families.
The team at Magilligan Law breaks down what else you should know about TPS.
1. Many TPS Holders Have Been in the U.S. for Decades
Many TPS holders have been living in a state of limbo in the U.S., their future uncertain and unstable. Many of these individuals were brought here as very young children, growing up learning American culture and values alongside their native cultures, rarely, if ever, having had the opportunity to visit their home countries.
Despite the ongoing uncertainty and potential for displacement in the near future, they continue to work hard and live productive lives, providing critical contributions to our local economies and our larger society.
2. TPS has Strict Eligibility Requirements
To be eligible for TPS, applicants must meet strict eligibility requirements, which may include limited registration windows, cutoff dates, and background and security checks. For example, individuals must register during the designated period to be considered for TPS. All applicants may be subject to background and security clearances conducted by U.S. Citizenship and Immigration Services (USCIS).
Furthermore, individuals previously granted TPS must re-register to maintain their temporary protection during the designated registration period. In addition to the USCIS background and security checks, applicants may be required to provide additional documentation such as proof of residency, identification documents, and other supporting evidence which proves that they meet the eligibility requirements.
Individuals must also demonstrate that they have maintained a continuous physical presence in the U.S. since the designated registration period to be eligible for TPS. The U.S. Department of Homeland Security (DHS) is responsible for evaluating TPS applications and determining whether an applicant meets all the requirements to receive temporary protection under this program. Once approved, individuals will be granted protection from deportation and the ability to obtain employment and travel authorization.
If TPS holders fail to maintain all their status requirements, they may lose their temporary protection. Therefore, it is important for individuals interested in applying for TPS to understand all the eligibility requirements and make sure that they meet them before submitting their application.
3. How Congress Could Help TPS Holders Gain Permanent Legal Status
Most TPS holders do not have a pathway to permanent legal status in the U.S. This is because, under current law, someone with Temporary Protected Status (TPS) can’t adjust their immigration status and obtain lawful permanent residence. Congress could change this by passing legislation that would create a pathway for TPS holders to apply for green cards. Such a law would allow TPS holders to live and work in the U.S. without fear of deportation or being separated from their families. It also helps ensure that these individuals continue contributing to their communities economically and culturally. Additionally, it would provide an opportunity for many living in limbo due to the lack of a pathway to permanent legal status.
Magilligan Law is Here for Your Immigration Needs
At Magilligan Law, we know that moving to a new country can be difficult. Our experienced and compassionate team can help make the journey smoother by providing comprehensive legal support and advice from A to Z. We take pride in providing individuals with honest guidance, accurate paperwork, helpful resources, and tailored solutions for life changes.
Contact Magilligan Law today for all your immigration needs for a stress-free experience navigating the complex system of international travel.