TEMPORARY PROTECTED STATUS (TPS) IN MIAMI

 

Temporary Protected Status (TPS) is a method of protecting a non-citizen from being removed from the United States. TPS provide protections and benefits to individuals from certain countries who have suffered some form of political crisis, natural disaster, or some other extraordinary circumstance. 

  

If you or a loved one are from one of the countries on the list designated for TPS protection and would like assistance in filing for TPS, the Miami based immigration attorneys at The Law Office of George K. Gomez can help. Our immigration attorneys will handle every aspect of the TPS filing procedure and assist you in any way we can.

​

​

​

​

​

​

​

​

​

​

​

 

​

WHAT IS TPS?

 

Temporary Protected Status (TPS) is a temporary immigration status designated by the Secretary of Homeland Security which provides protections to non-citizens from designated countries. This designation occurs when, due to conditions of the designated country, the non-citizen is unable to return to their country safely, or where the country is unable to handle the return of its citizens.

 

WHO IS ELIGIBLE FOR TPS?

 

In order to be eligible for TPS, a non-citizen must:

• Be a national of a country designated for TPS by the Secretary of Homeland Security;

• Have been continuously physically present in the United States since the date of designation and/or have been continuously physically present in the United States since a designated date;

• Have filed for TPS during the registration period specified by the Secretary of Homeland Security;

• Not have any applicable grounds of inadmissibility to the United States, including certain criminal and national security grounds; and

• Re-register for TPS during all re-registration periods in order to maintain their TPS benefits.

​

WHAT ARE THE BENEFITS OF TPS?

 

TPS holders are entitled to the following benefits:

• TPS holders are not removable from the United States (even if they previously have been ordered removed);

• TPS holders can obtain an Employment Authorization Document (EAD), also known as a work permit, which authorizes them to work in the United States;

• TPS holders are eligible to receive advance parole, authorizing them to travel abroad and return to the United States without risking losing their TPS.

​

​

WHAT DOES TPS NOT PROVIDE?

​

Generally speaking, TPS does not currently provide a pathway to lawful permanent resident status nor does it provide a means of acquiring U.S. citizenship. TPS does not authorize a holder to receive any form of public assistance.

​

WHEN CAN A COUNTRY BE DESIGNATED FOR TPS?

​

The Secretary of Homeland Security has the authority to designate a country for TPS in the following instances:

• The country is experiencing an ongoing armed conflict such as a civil war;

• The country has is experiencing/has experienced an environmental disaster such as an earthquake or hurricane, or an epidemic; or

• The country is experiencing other extraordinary or temporary conditions.

​

​

WHAT COUNTRIES ARE CURRENTLY DESIGNATED FOR TPS?

​

As of the writing of this article, the following countries have been designated for TPS by the Secretary of Homeland Security:

​

Burma (Valid through November 25, 2022)

El Salvador (Extended until December 31, 2022)

Haiti (Extended until December 31, 2022)

Honduras (Extended until December 31, 2022)

Nepal (Extended until December 31, 2022)

Nicaragua (Extended until December 31, 2022)

Somalia (Extended until March 17, 2023)

South Sudan (Extended until May 2, 2022)

Sudan (Extended until December 31, 2022)

Syria (Extended until September 30, 2022)

Venezuela (Valid through September 9, 2022)

Yemen (Valid through March 3, 2023)

​

What happens to TPS holders whose countries’ designations were terminated?

​

Once a TPS holder’s country of designation has been terminated, the TPS holder returns to the immigration status that they held prior to receiving TPS, unless that status has expired or unless they have changed to another lawful immigration status. This could result in a situation where a TPS holder returns to an unlawful immigration status subjecting them to removal from the United States.

​

Contact an Experienced TPS Attorney Today!

 

Contact us now for a free evaluation of your case, as time is of the essence when considering TPS. There are filing deadlines and registration periods which must be strictly adhered to in order to be granted TPS. Employing the help of a qualified, experienced Miami Lakes immigration attorney to assist with your filing assures you that the preparation of your application will be accurate and thorough. Our firm is dedicated to helping those who qualify for this benefit. Call (305) 539-0991 or fill out the online contact form to schedule a free consultation with me. We are located in Miami Lakes, Florida and are available for consultations by phone, by zoom, or in person.