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Temporary Protected Status (TPS) in the United States – What is it? And how to request it?

Yes, you would like to be able to work, enter and leave the United States; even remain fearless. This is possible if serious cases are happening in your country of origin, but you can also benefit without this happening, let’s see how .

Can I get the TPS?

What is TPS and what is it for?

TPS, or rather “Temporary Protected Status,” helps immigrants stay in the United States longer , since they cannot return to their country safely, that is, the United States Department of Homeland Security. or DHS cannot detain you based on your immigration status. Because your home country has one of these problems:

  • An ongoing armed conflict (such as a civil war).
  • A natural disaster (hurricanes, tsunamis or earthquake) or some epidemic.
  • Other extraordinary and temporary conditions (such as intense poverty).

What Benefits Does Temporary Protected Status Offer?

  • A travel authorization .
  • You will also get an Employment Authorization Document (EAD) to work legally in the US.
  • And the one we already know: You will not be removed from the United States .

Who should apply to have TPS?

If you are in the USA or want to go make a living there, a step that will bring you closer to peace of mind will be the TPS, since it is an easy procedure, which not everyone can have and also the TPS gives you the way to residency or green card; since the US government will be able to corroborate how orderly you were with your stay, using the information that the USCIS has about you. That is why we recommend that those who apply do so as soon as possible.

How to Request TPS Step by Step Without Errors

If you are afraid of making mistakes when processing your Temporary Protected Status, let me tell you that you are right, it is common to make a mistake when filing and lose money; so let’s see what the correct way to do it is.

1# Presentation of the Application

You must confirm and sign the forms , evidence and fees of presence and submit them to USCIS.

2# USCIS Will Receive your Application

Now wait for USCIS to analyze your case and then notify you. If you meet all the requirements, your case can continue.

  • If your application is rejected at the beginning of the review, you will be able to resubmit a new one within an indicated period. USCIS will send you the problems your application had in a notification.
  • But if you are not eligible for a fee waiver, you must submit a new Fee Waiver application.

If you do not receive a notification within three weeks, you can contact the USCIS contact center at this number: 800-375-5283 .

3# USCIS is going to communicate with you

He will tell you the steps to be able to take your biometric data, that is, the photo, fingerprints and signature; in an assistance center (ASC) in person. This data is required to verify your identity and background, which is why it will not be asked of children under 14 years of age.

4# Attend the appointment at the ASC

When you go to the ASC you will have to take this evidence with you:

  • Evidence of your nationality or identity may be a photograph or your passport.
  • The notification of the appointment for the ASC.
  • Current EAD if you have one.
  • The acknowledgment of receipt.

And if something comes up and you cannot attend the scheduled appointment , don’t worry, you can always reschedule, for this you just have to do the following:

  • Make a copy of the ASC notification.
  • Save it.
  • Send the original notification with the rescheduling request to the ASC address.

If you do not reschedule the appointment with the ASC and simply show up, the TPS application could be rejected for abandonment. If you need to make an emergency trip due to health problems, you can do so by requesting expedited travel if you complete form I-131 to leave the USA with TPS .

5# Request your Employment Authorization

If you are not interested in obtaining the EAD you can skip this step and go directly to the sixth step; However, if you want work authorization , stay and let’s see how to apply for it or re-register.

  • When you submit your TPS application you will have to submit the I-765 form and when the USCIS is evaluating your application for Temporary Protected Status, it will say if you are eligible to work , if so they will give it to you.
  • On the contrary, if you want to reregister , you will receive it as soon as you submit the TPS reregistration application , you will be able to have the TPS and work .

Attention: if your application is denied you can appeal at the USCIS Administrative Appeals Office (AAO) in the meantime your EAD will be waiting for you, since it will be extended longer If your EAD application expires: to obtain it again you must submit Form I -765 along with evidence and your appeal to the AAO ñ

6# Delivery of application and extra documentation

This is the moment when they will surely ask you for extra documentation , we need to do this within the time they give you or as quickly as possible to avoid denials. And if they deny you , you can submit Form I-601 .

7# Your Application Will Be Approved or Denied

Whether you re-registered or sent your initial application, in both ways they will send you a request that will say that your TPS application was approved and you would now be a Tepesian and if you applied for the EAD as well. If your request was denied, they will send you a notification mentioning the errors you made so that you can solve it alternatively, you can appeal.

Requirements to be Eligible and thus Request TPS

To be eligible for TPS you only have to meet 4 essential requirements and tests; these are:

  • You must be a national of one of the eligible countries or if you do not have nationality you will need your last stop to have been in one of those countries.
  • You will need to submit the application with the forms . Please note that it will have to be during the re-registration or initial open registration period during the default date for your country.
    • If you did not arrive, there is the option of ” late initial presentation ” for which you must meet certain requirements
  • Have been Continuously and Physically Present (CPP) in the United States since the effective date or date designated for your country.
  • You must have Continuously Resided (CR) in the United States since the date specified in the TPS eligibility rules for your country. That is, you have had a home or rental to live in . The requirement confirms that you have been living in the United States since the date of designated continuous residence. To meet this requirement you must submit Form I-821.

The law allows an exception to the CPP and CR requirements for small , innocent and casual departures from the US. When you apply or re-register for TPS, you must inform USCIS of all the times you left the USA since the dates of Continuous Physical Presence and Continuous Residence. USCIS will tell you if it applies or not to your case.

What documents must you submit with your application?

Once we are eligible we have to prepare our application to submit it, so we are going to list the documents you need so that you can have everything when starting your application, these documents are divided into two: evidence and date of entry.

Evidence of Date of Entry into the country

  • Copy of your passport
  • Form I-94 Arrival/Departure Record

Evidence of Continuous Residence (copy of each)

  1. Employment records
  2. Rent receipts , utility bills, receipts or letters from companies
  3. School records from schools in the United States that you or your children have attended
  4. Hospital records or medical records related to the treatment or hospitalization of you or your children
  5. Statements from officials of your church, union, or other organization who know you and where you live.

Which countries are Eligible for Temporary Protected Status?

Citizens will be able to apply for TPS if their countries of nationality are currently eligible for protected status , luckily for you, we have the list of eligible countries and their extensions :

  • El Salvador (until March 9, 2025, according to the current June 2023 update).
  • Venezuela (extension valid until March 10, 2024).
  • Honduras (until July 5, 2025, according to the current June 2023 update).
  • Haiti (June 30, 2024, as of the current update of November 2022).
  • Ethiopia (until June 12, 2024).
  • Afghanistan (designated until November 20, 2023).
  • Cameroon (designated until December 7, 2023).
  • Myanmar (designated until November 25, 2022).
  • Nepal (until June 24, 2025, as per current June 2023 update).
  • Nicaragua (until July 5, 2025, according to the current June 2023 update).
  • Somalia (extended until March 17, 2023).
  • Sudan (June 30, 2024, as of the current update of November 2022).
  • South Sudan (extended until November 3, 2023).
  • Syria (extended until September 30, 2022).
  • Ukraine (continues until October 19, 2023).
  • Yemen (extended until March 3, 2023).

On November 10, 2022, the FRN (Federal Registry) announced that the Tepecianos of El Salvador, Nicaragua, Haiti and Sudan will continue until June 30, 2024 while the preliminary injunction in Ramon v . wolf _

Required Forms to request Immigration TPS in the USA

Surely you will want to know what the forms are to obtain your Temporary Protected Status and we will tell you:

  1. Form I-821: It is to register and re-register for TPS . And you can submit it online.
  2. Form I-765: It is an employment authorization form , to obtain it it must be submitted together with the I-821.
  3. Form I-601 : Used to request an exemption from certain grounds of inadmissibility. You will only use it if at the time of submitting your application it was rejected.
  4. Form I-94 : Evidence of entry/departure date form , that is, to document your entry into the United States.
  5. Form I-131 : Request for a travel document, you can use it as an entry permit and for emergency trips .
  6. Form I-912 : If you cannot bear the costs when submitting the application with the forms, it must be submitted along with the application.
  7. Form G-1450 : Used to pay the fee in a credit card transaction authorization .
  8. Form I-290: It is to file an appeal with a motion with the USCIS office that issued the most recent decision in your case.

What is the Price of TPS?

In reality, we would not be paying for the application as such, but rather for the forms to be submitted . Here we list the costs: Assuming you are applying for the first time, it would be a total of 545 U$D . However, children 14 years old or younger will not have to pay for a biometric service or an EAD registration or the I-765 form, which has a value of 410 U$D, therefore, they would only have to pay 50 U$D. In the case of those who re-register for this program, they will not need to pay the I-821 form again, which costs 50 U$D. And there is also the I-601 form that will not have a cost until after September 30 of this year 2023. You can pay the fee with one of these :

  • Money order.
  • Personal check.
  • Cashier’s check.
  • Pay with a credit card using Form G-1450, Authorization for Credit Card Transactions.

If paying by check, you must make your check payable to US Department of Homeland Security. Please note that USCIS asks that you pay each fee separately

Submission of Late TPS Application in the US

Now let’s talk about the two different cases in which you can enter the TPS application late and in which case the USCIS can accept your late application:

  1. Late re-registration to TPS. You must submit a letter explaining in detail why it was delayed. This situation may delay the process and cause certain obstructions for the EAD.
  2. Late Initial TPS Application : Suppose you have a good excuse for filing your TPS application late, you still must meet all eligibility requirements.

In what cases can I submit my Late Initial TPS Application?

If you meet one of the following conditions and you register while the condition still exists or within a period of 60 days immediately after the expiration or termination of said condition:

  • If you had an application for change of status , adjustment of status, asylum, voluntary departure, or any relief of removal that was pending or subject to in-depth review or appeal.
  • If you were the spouse of a Tepecian.
  • If you were on parole or had a pending parole application again.
  • If you were a Nonimmigrant and were granted voluntary departure status, or any relief from removal.
  • During your country’s initial designation registration process or at the time your country is re-designated.
  • You were the child of a person who is currently eligible for TPS. (There is no time limit to apply if you meet this condition.)

Why Was I Not Admitted for TPS?

You will not be able to be admitted for TPS if you go through any of these situations:

  1. If you are classified as inadmissible by section 212(a) of the INA.
  2. In case you do not meet the requirements for residency or continuous presence in the US.
  3. If you obtained TPS, but did not reregister as established by law.
  4. You are about to initiate some terrorist activity or you are involved in a persecution of an individual.
  5. Or if you have committed a minor or major crime in the United States.

What to do if your TPS Application is not accepted?

  1. If USCIS denies your TPS application, you can appeal . USCIS will provide you through the notification with the steps you must follow to submit an appeal request to the Administrative Appeals Office (AAO).
  2. And for the second option: you can go to an immigrant judge if USCIS denied your right to appeal.
  3. Or third option: You can also present the following forms at a TPS service center:
    • Form I-290B : Notice of appeal or motion.
    • Form I-601 : Casual Waiver of Inadmissibility.
    • Form I-912 : Application for Fee Waiver.

Latin countries that demand to be included

These countries are not eligible yet but are still fighting to obtain TPS, if you are part of them you will still have to continue waiting; but here we leave you the news that interests you : Colombia , Chile , Ecuador , Guatemala , Mexico , Peru and the Dominican Republic . We are with you to help you throughout your immigration process if you live in the United States, no matter what part of Latin America you are from, at we will give you the tools to achieve permanent residence.

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