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Eligibility Requirements for Temporary Protected Status (TPS)
Eligibility Requirements For TPS. Temporary Protected Status (TPS) is a humanitarian program designed to protect individuals from countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. To qualify for TPS, applicants must meet specific eligibility criteria set by the U.S. Citizenship and Immigration Services (USCIS). Here are the general eligibility requirements:
1. Nationality and Continuous Residence
- Nationality: Applicants must be nationals of a country designated for TPS. Or persons without nationality who last habitually resided in the designated country.
- Continuous Physical Presence (CPP) and Continuous Residence (CR): Applicants must have been continuously physically present in the United States since the effective date of the most recent designation or redesignation of their country for TPS. They must also have continuously resided in the U.S. since the date specified in the Federal Register notice of designation.
2. Filing During the Designation Period
- Registration Period: Applicants must file their TPS application within the initial registration period announced in the Federal Register notice. If they miss this period, they may still apply during any subsequent re-registration periods or under the late initial filing provisions if they meet certain conditions.
3. Admissibility
- Admissibility: Applicants must be admissible to the United States as an immigrant. Certain grounds of inadmissibility may apply, including health-related grounds, criminal convictions, and security-related concerns. Some inadmissibility grounds can be waived by USCIS for humanitarian purposes, to ensure family unity, or when it is in the public interest.
Eligibility Requirements For TPS
4. Criminal Background
- Criminal Record: Applicants must not have been convicted of any felony or two or more misdemeanors committed in the United States. A felony is a crime punishable by imprisonment for more than one year, while a misdemeanor is a crime punishable by imprisonment for one year or less but more than five days.
5. Previous Immigration Violations
- Asylum and Deportation: Applicants must not be barred from asylum under the Immigration and Nationality Act (INA) due to the persecution of others or having been firmly resettled in another country before coming to the U.S. They must also not have been ordered removed (deported) from the U.S. without qualifying for any exceptions or waivers.
6. Required Documentation
- Proof of Identity and Nationality: Applicants must provide evidence of their identity and nationality, such as a passport, birth certificate, or other national identity documents.
- Proof of Continuous Residence and Physical Presence: Applicants must provide documentation demonstrating their continuous residence and physical presence in the United States. This can include employment records, rent receipts, utility bills, medical records, school records, or other
- official documents.
Eligibility Requirements For TPS
7. Application Submission
- Forms and Fees: Applicants must submit the appropriate forms (primarily Form I-821, Application for Temporary Protected Status) and the required filing fees. Fee waivers may be available for those who demonstrate financial hardship.
- Biometric Services: Applicants are typically required to attend a biometric services appointment for fingerprinting, photograph, and signature to verify their identity and conduct a background check.
Special Considerations
- Late Initial Filing: Individuals who did not initially apply for TPS during the initial registration period. They may still be eligible to apply late if they meet specific conditions, such as being in valid nonimmigrant status or having an asylum application pending during the initial registration period.
- Re-Registration: Current TPS beneficiaries must re-register during each re-registration period to maintain their status and work authorization. Failing to re-register can result in the loss of TPS benefits.
Conclusion
TPS provides critical protection and stability to individuals from countries facing extraordinary challenges. Understanding and meeting the eligibility requirements is essential for applicants to benefit from this humanitarian program. The requirements emphasize the need for documentation and adherence to timelines. And maintaining a clean criminal record, all of which ensure the integrity and effectiveness of the TPS program.
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