What is TPS?

The secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent its nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to:

• Eligible nationals of certain countries (or parts of countries) who are already in the United States
• Eligible individuals without nationality who last resided in the designated country may also be granted TPS

Latin American Countries Currently Designated for TPS:

• El Salvador
• Haití
• Honduras
• Nicaragua

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

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.

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

PLEASE NOTE: To be granted any other immigration benefit you must still meet all the eligibility requirements for that particular benefit. An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS.

Eligibility Requirements

To be eligible for TPS, you must:

• Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
• File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation;
• Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
• Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS web page to the left). 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.

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.

Avoid Scams

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We at Hernandez G Law, P.A. want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance.

We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice.

Who are authorized immigration service providers?

Authorized immigration service providers are:

• Representatives accredited by the Department of Justice (DOJ)’s Office of Legal Access Programs (OLAP) and working for DOJ-recognized organizations
• Attorneys in good standing who are not subject to any order restricting their ability to practice law.

Authorized immigration service providers are allowed to:

• Give you advice about which documents to submit
• Explain immigration options you may have
• Communicate with USCIS about your case.

Who can represent me before Immigration Services?

• An attorney or a DOJ-accredited representative can represent you before USCIS.
• United States Citizenship and Immigration Services will send information about your case to your legal representative if you have one.

CALL OR CONTACT THE IMMIGRATION OFFICES OF HERNANDEZ G. LAW P.A. NOW

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