Temporary Protected Status

Temporary Protected Status (“TPS”) grants temporary status to those in the United States from countries that are in some sort of disarray, such as being in a civil war or if there was a natural disaster. USCIS posts a list of countries and people from those countries who are in the United States, may apply for TPS. TPS allows people to live, work, and travel in and out of the United States without fear of being deported or overstaying a visa.

The thing about TPS is that a person who receives TPS only receives it for a certain amount of time. The provision states that TPS should be for “not less than 6 months and not more than 18 months” BUT the Department of Homeland Security (“DHS”), can extend the length of TPS for each country, depending on the state of the country.

In order to be eligible for TPS you must be in the U.S., legally or illegally, you cannot have a serious criminal record, and you must be from one of the designated countries. If you are eligible, you should make sure that you are not “inadmissible” under the INA or are subject to any of the mandatory bars for asylum.

If you are planning on filing for TPS, you should fill out forms I-821 and I-765. One thing to remember is that DHS reviews TPS for each country and if TPS is renewed for your country, you will also have to reapply for it.

If your TPS is denied, you can appeal the decision, but it may be expensive and take a long time.

Lastly, if you are from a TPS country, you may also have an asylum claim, if you are afraid to return home! Read more about asylum here.

If you would like help filing for Temporary Protected Status, please call our office at 508-438-1198.

 

THIS POST WAS WRITTEN BY ATTORNEY JAMIE COSME. IT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE.

 

#tps #temporaryprotectedstatus #asylum

What you need to know about Asylum

The first thing you may be wondering is, what is the difference between a refugee and a person seeking asylum? A refugee is a person who is located OUTSIDE of the United Status and is afraid to return to their native country and seeking refuge in the U.S. A person seeking asylum is already IN the U.S. and is afraid to return to their native country.

You’ll notice one thing that they both have in common which is that a person is afraid to return to their native country. In order to file for asylum you must have been persecuted or have a  well-founded fear of persecution on account of your race, religion, nationality, membership in a particular social group, or political opinion and be unwilling to return to your country.The term “persecution” is not specifically defined and can come in many different ways. BUT if you are NOT afraid to return to your native country, you CANNOT file for asylum.

Along with having a well-founded fear of persecution, you must file your asylum application within ONE year of entering the United States. The exception to that is if there are “changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file.”

If you plan to file for asylum, it is important that you speak with an attorney first. Filing for asylum should be taken very seriously. You can file whether you have status in the U.S. or not. And if you don’t have status and file, the U.S. government will know who you are. If your asylum is denied, you could be deported back to the country you fear. If your asylum is granted, you can eventually apply for a green card and after some time gain citizenship! So it is important to put together an application with evidence that can demonstrate the persecution or your fear of returning to your country.

Please call our office at 508-438-1198, if you plan to file for asylum!

 

THIS POST WAS WRITTEN BY ATTORNEY JAMIE COSME. IT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE.

#asylum #refugee #greencard #oneyear