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Temporary Protected Status (TPS):
Description: Temporary Protected Status (TPS) is a temporary immigration status for certain eligible foreign nationals from designated countries. Congress established a procedure that allows the Attorney General of the United States to provide TPS to aliens in the United States who are temporarily unable to return to their homeland because of environmental disasters, ongoing armed conflicts or other extraordinary conditions.
Who Is Eligible?
The Attorney General currently has designated citizens of Nicaragua, Angola, Sierra Leone, Burundi, Somalia, El Salvador, Sudan, Honduras and Montserrat as eligible to register for TPS. Below are the requirements that must be met by applicants for TPS:
- Applicants must establish continuous physical presence and continuous residence in the United States for a period of time identified by the relevant regulation; - Applicants must be subject to several criminal and security-related bars; and - Applicants must register for TPS benefits within the time period identified by the relevant regulation.
(Note: If the TPS designation is extended beyond the initial designation period, the beneficiary must timely re-register to maintain his or her benefits under the TPS program.)
Visa Duration:
Generally TPS is granted or extended on an annual basis at the discretion of the Attorney General's Office.
Renewability:
Generally TPS is granted or extended on an annual basis at the discretion of the Attorney General's Office.
Family Benefits:
If approved the applicant cannot be removed or deported from the U.S. and the applicant receives employment authorization for a specified period of time. Each member of the family must meet the eligibility requirements and apply independently to receive the benefits of TPS.
What Documentation Do I Need?
- Evidence that the applicant has registered for TPS prior to the extension announced by the The US Immigration Service on May 1, 2002. (This can be an Employment Authorization Document) - Evidence that the applicant has been present in the U.S. as of January 5, 1999 and has continually resided in the U.S. since December 1998. - Proof that you have registered for TPS in the past (unless you are eligible for late registration). - Birth Certificate - Two The US Immigration Service style photographs (showing right ear)
What is the Process Like?
Stage One: Prepare and submit application and supporting documentation with the appropriate The US Immigration Service service center:
- Form I-821 and Form I-765 - Evidence that applicant has been present in the U.S. as of the appropriate date and has continually resided in the U.S. since that time - Proof that you have registered for TPS in the past (unless you are eligible for late registration). - Birth Certificate or supporting evidence of identity and nationality - Evidence of residency - Two photographs The US Immigration Service style (showing right ear) - The US Immigration Service Filing Fees
Stage Two: Receive work authorization card in the mail (this can take 90-120 days depending on the individual The US Immigration Service service center processing times and work load)
What Are The The US Immigration Service Filing Fees?
Fees for form I-821, I-765 and fingerprints
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