Interested In Seeking Temporary Protected Status (TPS)?
The Law Offices of Gita B. Kapur and Associates 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, Somalia, Sudan, South Sudan, Syria and Yemen are on the list of designated countries.
Individuals who are continuous residents 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 from asylum. Asylum is typically granted to individuals who are unsafe or in fear of persecution in their home countries, while TPS is designed to protect 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 time frame designated by the U.S. government, people who have or may be eligible for TPS have the following benefits after initial reviews of their cases (prima facie eligibility):
- They are not to be deported from the United States.
- They can get employment authorization documents (EADs).
- They may be authorized to travel.
- They also cannot be detained by DHS on the basis of their immigration status in the United States after receiving TPS.
You may NOT be eligible for TPS or to maintain your existing TPS if you:
- Have been convicted by a court of committing one felony or multiple misdemeanors while in this country
- Have been found unable to be admitted as an immigrant for reasons specified in INA section 212(a), such as security reasons or criminal convictions that cannot be waived
- Are barred from asylum status because you allegedly participated in the persecution of someone or took part in terrorist acts or have other mandatory bars to asylum
- Have not been continuously physically present in the United States long enough
- Have not met registration requirements for TPS
- Have not re-registered for TPS, as required
TPS And Adjustment Of Status
As a beneficiary of temporary protected status (TPS), you might be eligible for adjustment of status. Because of a relatively new policy of the U.S. Citizenship and Immigration Services (USCIS), being granted TPS is counted as admission for INA Section 245(a) in terms of adjustment of status if an applicant lives in the 6th and 9th Circuits.
People with TPS status are not required to leave the United States and go through consular processing outside the U.S. However, families can remain together in the United States during the application process. This new policy came in two court decisions: One was Flores v. USCIS in the 6th Circuit and the other was Ramirez v. Brown in the 9th Circuit. These courts considered TPS recipients to have been “inspected and admitted” according to INA Section 245(a).
The 9th Circuit decision, Ramirez v. Brown, covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. The 6th Circuit decision, Flores v. USCIS, covers Kentucky, Michigan, Ohio and Tennessee. For more information, please contact our office.
TPS And Advance Parole
Individuals who have been granted temporary protected status that will soon be expiring may apply for advance 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, they may be eligible to apply for adjustment of status.
Contact A Los Angeles Temporary Protected Status Attorney
For more information about seeking TPS in the United States from an immigration lawyer or for information about late registration, please contact my law office at 866-643-8852.
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 and Urdu.