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Temporary Protected Status (TPS)

Temporary Protected Status, better known as "TPS", creates a temporary safe haven in the United States for individuals from certain designated countries. TPS is different from asylum in that TPS, as the name implies, is temporary, whereas the granting of asylum generally results in permanent residency.

Generally, TPS is granted in statuses for 6 to 18 months and is renewable so long as the country conditions remain the same. An individual granted TPS is also granted work authorization in the United States during their stay. A person in TPS status may not be deported during the TPS period. Further, a person granted TPS can obtain permission to travel abroad, but generally cannot return to the country they seek protection from.

Eligibility for TPS

In order to be granted TPS, you must establish that you are a national of a TPS designated country. As of 2015, TPS countries include El Salvador, Guinea, Haiti, Honduras, Liberia, Nicaragua, Sierra Leone, Somalia, Sudan, South Sudan, Syria and Yemen. Please note that the registration period for TPS has a start and end date, so it is important to consult an immigration attorney to determine if you are eligible to register under TPS.

Should I Apply for Asylum or TPS?

Generally, if you are eligible to apply for TPS and have a viable asylum claim, you should apply for both. Note that if you did not register for TPS but applied for asylum, you are still eligible to apply for TPS if your asylum application is denied, even if the TPS registration period ended.


To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.


 

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