As of March 11, 2021, approximately 320,000 foreign nationals were living in the United States under the Temporary Protected Status (TPS) provision of the Immigration and Nationality Act (INA).
TPS gives the Secretary of Homeland Security the power to allow those who are subject to harm or persecution at home to remain in the United States and be protected from deportation, be able to work here, and be allowed to travel abroad with consent.
If you believe you are eligible for TPS and you’re residing in or around Providence, Rhode Island, or nearby in Boston, Massachusetts, and surrounding communities, contact the Law Office of Layne C. Savage. Attorney Layne C. Savage will examine your circumstances and discuss your options with you to help you remain in the United States.
The Secretary of Homeland Security can declare Temporary Protected Status (TPS) for up to 18 months for foreign nationals residing in the United States due to temporary conditions in their home countries. These conditions, according to the United States Citizenship and Immigration Service (USCIS), are:
Ongoing armed conflict such as civil war
An environmental disaster, such as an earthquake or hurricane, or an epidemic
Other extraordinary and temporary conditions.
For an individual to obtain TPS status, several conditions must be met, and they must file during the initial registration (or re-registration period if TPS is extended), or meet the requirements for late registration for their country. Other conditions include:
You must be a national of the country designated for TPS, or a person without nationality who last resided in that country
You have been continuously physically present (CPP) in the United States since the effective date of TPS designation for your country
You must have been continuously residing (CR) within the U.S. since the effective date for your country
The law does allow an exception to CPP and CR for brief, casual, and innocent departures from the United States. If you fail to meet both the CPP and CR requirements with lenience for brief departures, you may be disqualified from TPS. Other disqualifying factors include:
Being convicted of any felony or two misdemeanors while in the U.S.
Being found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds
Being subject to any mandatory bars to asylum, including – but not limited to – participating in the persecution of another person or engaging in or inciting terrorist activity
Individuals who have been granted TPS may work in the United States and may apply to USCIS to receive an Employment Authorization Document (EAD). An EAD is a plastic, credit card-sized document that shows proof of the individual’s authorization to work in the United States and contains a photograph of the individual. It is acceptable for work authorization when the individual completes Form I-9, Employment Eligibility Verification, upon being offered a job.
At the very least, you will need to file USCIS Form I-821, Application for Temporary Protected Status, along with several supporting documents. You may also have to file Form I-601, Application for Waiver of Grounds of Inadmissibility.
Filing and documentation requirements can be complex and challenging. Even a foreign national who appears to qualify under all conditions can find it hard to assemble all the documentation that must accompany the TPS application. Please contact the Law Office of Layne C. Savage for help in qualifying for TPS status.
According to the USCIS website, the following countries and their nationals residing in the U.S. are eligible for TPS (registration and expiration dates shown):
Burma (Myanmar): Registration period from May 25, 2021, to November 22, 2021; expiration on November 25, 2022.
El Salvador: TPS extended indefinitely under a current court injunction but you must have re-registered between January 18, 2018, and March 19, 2018, and between July 8, 2016, and September 6, 2016.
Haiti: On May 28, 2021, TPS for Haiti was extended for 18 months, but instructions and dates for re-registering have yet to be issued
Honduras: TPS is under a court injunction and extended indefinitely for those who re-registered between May 16, 2016, and July 15, 2016, or between December 15, 2017, and February 13, 2018, or between June 5, 2018, and August 6, 2018.
Nepal: TPS is under a court injunction and extended indefinitely for those who re-registered between May 22, 2018, and July 23, 2018, or between October 26, 2016, and December 27, 2016.
Nicaragua: TPS is under a court injunction and extended indefinitely for those who re-registered between December 15, 2017, and February 13, 2018, or between May 16, 2016, and July 15, 2016.
Somalia: Registration period from March 11, 2020, to May 11, 2020, and expires on September 17, 2021.
Sudan: TPS extended indefinitely under a current court injunction but you must have re-registered between October 11, 2017, and December 11, 2017, or between January 25, 2016, and March 25, 2016.
South Sudan: Re-registration period from November 2, 2020, to January 4, 2021, and expires on May 2, 2022.
Syria: Registration period from March 19, 2021 to September 15, 2021; re-registration period from March 19, 2021 to May 18, 2021; expiration on September 30, 2022.
Venezuela: Registration period from March 9, 2021, to September 5, 2021; expiration on September 9, 2022.
Yemen: Re-registration period from March 2, 2020, to May 1, 2020; expiration on September 3, 2021.
Qualifying for TPS status can be complex and challenging, especially if you’ve been out of the country during your time here, or if you’ve been found inadmissible under other circumstances. If you’re seeking TPS status in or around Providence, Rhode Island, or Boston, Massachusetts, rely on the Law Office of Layne C. Savage. She and her office will guide you through the whole process and help you exercise your full rights under the law. Call today for a free consultation.