Temporary protected status (TPS) can help you stay in the United States for a set amount of time. If you are applying for TPS for the first time, you must complete the U.S. Citizenship And Immigration Services (USCIS) Form I-821. This is called the Application for Temporary Protected Status.
In addition to filing fees, you will be expected to submit the following immigration documents to the government:
If you are between the ages of 14 and 65 and want employment authorization, you should also complete and submit USCIS Form I-765 (Application for Employment Authorization) with the appropriate fee.
Applicants who already have or do not wish to receive employment authorization still must submit a completed USCIS Form I-765 with their Form I-821, but without the accompanying fee.
If you are over the age of 14, you will be called by the USCIS for biometrics after you send in your application. If you receive TPS, you must not forget the re-registration period with the USCIS every time you want to extend your TPS status.
To be eligible for TPS you must:
Exceptions to the “continuous physical presence and residence” include brief, casual, and innocent absence due to emergency or extenuating circumstances outside a TPS applicant’s control.
Certain factors affect TPS eligibility, including:
The Secretary of Homeland Security may designate a country for TPS if there is an ongoing armed conflict in that country, an environmental disaster such as earthquake, flood, drought, or epidemic has occurred, or for other extraordinary and temporary conditions.
The answer depends on whether the problem involves a visa, a petition requesting permission to enter the United States, or labor certification.
If the problem involves a visa, it probably involves the Department of State, which is the only federal agency that can issue a visa.
There are two types of visas:
The situation involves USCIS if the problem involves requesting permission to enter the United States:
If the problem involves labor certification, it involves the Department of Labor.
When it comes to immigration and whether you can live and work where you want, every detail matters. When the slightest paperwork error or missed deadline can mean years of delays, it is essential to do things right the first time. An experienced immigration lawyer can address your particular needs with temporary protected status, and put you in the best position for a positive outcome. Take the first step now and contact a local immigration attorney to discuss your rights and specific situation.