Establishing Eligibility for TPS Can Be Challenging, the Chicago Pros at Alliant Law Help, Call for a Free Consultation.
Temporary Protected Status is designed by the United States Citizenship and Immigration Service (USCIS) to be a compassionate option for individuals from nations where conditions exist that may keep them from returning safely at a particular time. Alternatively, the home country may temporarily be unable to accommodate the safe return of the individuals.
The Department of Homeland Security makes an ongoing determination of which nations are in this category.
- El Salvador
- Haiti
- Honduras
- Nepal
- Nicaragua
- Somalia
- Sudan
- South Sudan
- Syria
- Yemen
In each case, these nations are involved in either internal strife, civil war, or other In dangerous circumstances that could threaten the safety of those nationals and foreigners who may be present.
“Who Can Qualify for Temporary Protected Status?”
Being a citizen of a nation that is designated with Temporary Protected Status does not necessarily guarantee that you may qualify. The rules and restrictions for determining any immigration/visitor status are always complicated, and representation by a qualified immigration law firm is usually the best route.
Temporary Protected Status is not automatic. To be eligible, the individual must submit an application that proves they had previously been continually residing in the country in question and have been in the United States since the time of departure from the country. Some temporary departures and returns from the United States during that time may be allowed.
However, it should be noted that applications for Temporary Protected Status may not be accepted if the applicant:
- Has been convicted of a felony
- Has committed two or more misdemeanors
- Was found to be inadmissible as an immigrant
- Has been determined to be ineligible for political asylum
- Was not continuously present in the United States according to the prescribed limitations
- Did not apply within the set time limits
- Failed to re-register within the time limits
Application Requirements and Procedures
Application for Temporary Protected Status requires accurate completion of Form I-821. Additionally, Form I-765, Application for Employment Authorization, must also be completed whether you plan to work or not.
The application requires specific evidence of your circumstances. When filing, expect to provide valid and documented proof of your nationality or country of habitual residence before arrival in the United States. You must also provide evidence of both entry and continuous residence within the United States.
For those who do not speak or write English, an English version of the application must accompany the applicant’s version. The translator must provide proof of fluency in both languages. Usually, a qualified immigration attorney like Davis & Associates in Dallas is the best resource for accurate and credible translation.
Essential Evidence
For proof of original citizenship, primary documentation would consist of copies of a passport, birth certificate and photo identification, and other government-issued photograph or fingerprints that certify your citizenship in that country. If you do not have any such evidence, you must produce proof that you have made an effort to secure them and that the consular section was not in a position to respond.
If no primary evidence is available secondary proof may be accepted which may include:
- Nationality documentation, even though it may not have a photo or fingerprints.
- Baptismal certificates if it show you or your parent’s nationality
- School or medical records that show nationality
- Immigration documents
- Affidavits from friends or relations attesting to your nationality
Continuously Residing (CR) Evidence
Besides providing evidence of nationality, you must also prove that you have been consistently residing in the United States since entering. Proving continuous residence is accomplished by showing employment records, rent receipts and bills, school records, hospital records, or attestations from church or other organization officials.
A skilled lawyer knowledgeable in the field of immigration law can change everything. Alliant Law Chicago’s attorneys have extensive experience in immigration proceedings of all fashions. We can help you apply for your family or employees. In addition, we can assist those in need of cancellation of removal or political asylum and other areas of relief not known to many practitioners. At Alliant Law Chicago, we believe that the laws should work to help everyone, citizens or not, and our skilled lawyers can guide you through the immigration net that traps so many. . We can help you pursue the results you are looking for in a timely manner. Please call us at (708) 366-9900 for a free consultation.