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What is Temporary Protected Status for an Immigrant?

For those who are looking to immigrate to the United States, the large range of U.S. immigration forms can be confusing.
One important part of current U.S. immigration policy is the Temporary Protected Status. This policy grants immigrants from certain countries the ability to immigrate temporarily to the United States. How does an interested person apply for TPS? What countries are eligible for TPS?

What Is Temporary Protected Status?

Temporary Protected Status is granted to eligible citizens of certain countries who are in armed conflict, suffering from an environmental disaster, or facing a variety of other temporary but dangerous conditions. These citizens can immigrate to the United States as a temporary retreat from the problems in their own countries. The status is also granted when it is no longer safe for a person to return to their home country.

When a country has been chosen for the TPS program, citizens who gain TPS are allowed to live in the United States and to obtain temporary permission to work. TPS does not lead to permanent status, and when the country is no longer in the TPS program, the immigration status of the person will revert to pre-TPS level.

Who Is Eligible for TPS?

People who are citizens or residents of a country that is eligible for TPS can apply for TPS. The person has to have lived in the United States for a specific amount of time. Also, the immigrant cannot have been subject to a criminal or security issue that bars them from applying for TPS. TPS benefits are usually open for a limited period. In order to qualify for TPS, the person needs to apply during the correct time.

There are certain criteria that make a person ineligible for TPS. If the person has ever been convicted of a felony or more than one misdemeanor in the US they are ineligible. Also, persecutors and terrorists are barred from applying for TPS. There are other specific criminal and security issues that will keep a person from being eligible. These change from time to time, so check with the US Citizenship and Immigration Services department for a detailed listing.

How to Apply for TPS

The first step in applying for Temporary Protected Status is to file the USCIS Form I-821. Along with the form, as with all U.S. immigration forms, the applicant must pay a filing fee. Certain documents will be required to file the form. The applicant will need to prove they are a citizen of their country, usually with a passport. The applicant must also show proof of residence within the US.

In order to apply for TPS, the applicant must be more than fourteen years of age and possess proof to that effect. If the applicant wants to be able to work inside the US, he or she must also submit USCIS Form I-765 and pay the fees that accompany this form. Those who do not wish to work must submit the form without paying the fee. For those wishing to check their USCIS cast status, they can contact the USCIS office where they applied.

If TPS benefits are extended for their country, applicants must re-apply with the Form I-821 and Form I-765 during the correct period. The only fee that must be paid when re-applying is the fee for working that accompanies Form I-765. These forms can be found online at http://www.uscis.gov/graphics/formsfee/forms/index.htm . For those who need the forms mailed, call 1-800-870-3676 and request the forms. USCIS processing times can be quite long, so apply in plenty of time.

Continue to : Restrictions to Those under the Temporary Protected Status

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