Temporary Protected Status (TPS) in Los Angeles
The Law Offices of Gita B. Kapur represents individuals in Los Angeles, throughout California, and around the world in a variety of immigration matters. If you are interested in learning more about seeking temporary protected status (TPS) in the United States, please contact my law office.
What Is Temporary Protected Status?
Temporary protected status (TPS) is a temporary immigration status that is granted to individuals from certain countries that are temporarily unsafe, unstable, or dangerous. TPS is typically available to individuals from countries that are at war or have experienced a natural disaster. Currently, Honduras, El Salvador, Nicaragua, Nepal, Somalia, Sudan, South Sudan, Syria, and Yemen are on the list of designated countries.
Individuals who are a continuous resident of the U.S. when unsafe conditions are occurring in their home countries can apply for temporary protected status. However, in most cases, these individuals must return to their home countries when they become safe again.
TPS is different than asylum. Asylum is typically granted to individuals who are unsafe or in fear of persecution in their home countries, while TPS is designed to protected large groups of people or entire countries, in some situations. I can assist with both asylum/refugee status, as well as temporary protected status.
During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):
- Are not removable from the United States
- Can obtain an employment authorization document (EAD)
- May be granted for travel authorization
- Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.
You may NOT be eligible for TPS or to maintain your existing TPS if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States
- Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds
- Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity
- Fail to meet the continuous physical presence and continuous residence in the United States requirements
- Fail to meet initial or late initial TPS registration requirements
- If granted TPS, you fail to re-register for TPS, as required, without good cause
TPS and Adjustment of Status
As a beneficiary of temporary protected status (TPS), you might be eligible for adjustment of status. U.S. Citizenship and Immigration Services’ (USCIS’) new policy indicates that a grant of TPS is considered an admission for INA Section 245(a) purposes for adjustment of status of applicants residing in the Sixth and Ninth Circuits. TPS recipients do not have to leave the United States and undergo consular processing through a United States embassy or consulate. Instead, families are kept together and their lives may continue uninterrupted in the United States. The new USCIS position came from Flores v. USCIS in the Sixth Circuit and Ramirez v. Brown in the Ninth Circuit; both courts held that a TPS grantee is considered “inspected and admitted” under INA Section 245(a). The Ninth Circuit decision, Ramirez v. Brown, covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. The Sixth Circuit decision, Flores v. USCIS, covers Kentucky, Michigan, Ohio, and Tennessee. For more information, please contact our office.
TPS and Advanced Parole
Individuals who have been granted temporary protected status that will soon be expiring may apply for advanced parole to re-enter the United States. Later, if that individual who last entered with advance parole has a United States citizen child who turns 21 years old or gets married to a U.S. citizen, he or she may be eligible to apply for adjustment of status.
Contact a Los Angeles Temporary Protected Status Attorney
My legal services are competitively priced, and I offer payment plans to clients in Los Angeles and surrounding areas, including Long Beach, Pasadena, San Fernando Valley, Santa Monica, Riverside, San Bernardino, Santa Ana, and Palmdale who qualify.
We speak a variety of languages to ease the process for our immigrant clients, including Spanish, Hindi, Punjabi, Zapotec, Armenian, Urdu, and Nepali.