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Active Duty and Retired Military receive a 10% Discount on Retainer Fees
$500 Off Your Case if You Start Your Case the Same Day as Your Consultation
Temporary protected status (TPS) is a legal status offered to non-citizens living in the United States. A person with TPS can stay in the United States without fear of deportation, even when he or she does not have a green card.
While this might sound similar to asylum protection, it is important to work with a knowledgeable immigration attorney to understand how the two frameworks differ. To qualify for TPS, an applicant must be from a specific country that is currently facing ongoing political strife. An Atlanta temporary protected status lawyer understands the nuances of this program and could help you determine whether you qualify for this protection.
Not everyone qualifies for TPS. An applicant for this status must meet certain criteria, starting with being a national or habitual stateless resident of an eligible country.
The nationalities that are eligible for TPS can vary year to year. As the name suggests, this status offers temporary protection, and it must be extended by the president of the United States. Usually, a country is awarded TPS on a six-, twelve-, or eighteen-month basis.
It is not enough to live in one of the countries on USCIS’ list. An applicant must also be physically present in the U.S., from the day his or her home country was designated TPS. Anyone who was not in the U.S. at the time likely does not qualify.
Finally, the government has discretion when it comes to approving TPS requests. An applicant can be rejected if the federal government believes he or she presents a threat to the U.S., either on a criminal or national security basis.
An Atlanta temporary protected status attorney could assess a foreign national’s circumstances and help with determining eligibility.
In order for the federal government to establish TPS protection in a certain country, the nation needs to meet certain criteria.
When a country is experiencing armed conflict, the federal government can designate protected status. Examples of armed conflict include civil war or international conflicts, as well as conflicts with non-governmental entities including terrorist organizations. The Secretary of the Department of Homeland Security is responsible for implementing TPS status in the event of armed conflict.
Armed conflict is not the only reason the federal government might establish TPS protections for another country. When natural disasters cause severe disruption and damage in another country, the U.S. might consider implementing a TPS order. For example, if hurricanes or tsunamis damage infrastructure and make it impossible for a foreign national to return to his or her home country, the U.S. government might consider TPS protection.
Finally, if a foreign national can demonstrate that their safety would be greatly at-risk if they are forced to return home, the government might grant temporary protected status. However, USCIS can reject an application for TPS based on extraordinary conditions if the agency believes an approval would contradict national interests.
When an immigrant has further questions about the conditions that might entitle his or her home country to a TPS designation, they can discuss the relevant criteria during a consultation with an Atlanta lawyer.
Securing temporary protected status can be a life-changing event for and your loved ones, especially if your home country is unsafe or experiencing violence. If you are from a country covered by the TPS program, now is the time to discuss your options with an attorney. Call an Atlanta temporary protected status lawyer today to learn more.
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