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Understanding Temporary Protected Status

Understanding Temporary Protected Status

PUBLISHED ON: August 22

There are many different types of immigration statuses in the United States, one of which is called temporary protected status (TPS). This status might apply to someone from another country where it would be unsafe for them to be deported back to. If you are facing possible deportation to your home country where you face serious safety threats, TPS can quite literally be a life-saver. You should not wait to consult with an Illinois immigration lawyer about your options. 

What Countries Can be Designated as Unsafe for TPS Purposes?

In order for someone to be protected from deportation to certain a country, one or more of the following must be true:

  • There is a civil war or another ongoing armed conflict
  • A disaster, including hurricanes, earthquakes, tsunamis, or epidemics, temporarily disrupts living conditions
  • Temporary conditions exist that are extraordinary and prohibit a national from safely entering the country

The Department of Homeland Security decides which country’s conditions warrant TPS status, though other agencies can weigh in on the matter. In August 2021, there are 12 countries with this current designation:

  • Sudan
  • South Sudan
  • Yemen
  • Burma
  • Venezuela
  • El Salvador
  • Syria
  • Honduras
  • Nepal
  • Somalia
  • Nicaragua
  • Haiti

This list is constantly changing, so never assume you are ineligible for TPS if you have a real crisis in your home country. Instead, speak with an immigration lawyer. 

Who Can Be Eligible?

If someone is a national from a designated country, they might be eligible for TPS if they meet the following criteria:

  • They have been in the U.S. continuously since the date the country was designated and since a date that Homeland Security specifies. 
  • They are not inadmissible to the U.S. for reasons involving national security or certain crimes.

If someone is in the U.S. during the specific registration period for TPS from their country, they must register by sending in an application to the U.S. Citizenship and Immigration Services and paying the required fees. Their current immigration status does not affect their eligibility for TPS, and neither does a current order of removal. 

If you receive TPS, you can obtain protection for six, 12, or 18 month periods. If Homeland Security does not publish a decision terminating the designation of the home country 60 days or more before the TPS expires, the TPS is extended for an additional six months automatically. 

What Does TPS Do?

TPS means that you will have a stay of deportation while the protection is in place, which means immigration officials cannot initiate removal proceedings against you. You can apply to obtain advance parole, which allows you to travel outside the U.S. and return, but this is a separate application. 

Speak with an Illinois Immigration Attorney Today

If you want to make sure you are not removed to your home country due to violence or disruption, discuss the possibility of TPS with an Illinois immigration lawyer. Sverdloff Law Group is here to help clients in all different situations, so please contact us for more information. 

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