Temporary Protected Status

Protecting Immigrants from Dangerous Conditions in Their Home Countries

Temporary Protected Status (TPS) is a humanitarian relief program that provides protection to immigrants from countries experiencing armed conflict, environmental disasters, or other extraordinary conditions. For individuals who are unable to safely return to their home countries, TPS offers a temporary legal status, allowing them to live and work in the United States while their home country’s situation improves.

At Castel & Hall, LLP, our Massachusetts immigration attorneys are dedicated to helping individuals apply for and maintain TPS status. We understand the complexities of the TPS process and are here to offer effective, compassionate legal representation to protect your rights.

Contact us online or call 617-716-6464 today to schedule a free consultation and find out how we can help you apply for TPS.

What is Temporary Protected Status (TPS)?

Temporary Protected Status is a temporary immigration status granted to nationals of certain countries that have been designated by the U.S. Secretary of Homeland Security due to ongoing conflict, environmental disasters, or other extraordinary and temporary conditions. TPS allows individuals to remain in the U.S. legally, without the fear of deportation, while conditions in their home countries are too dangerous for them to safely return.

TPS status is granted for a limited period, typically 6 to 18 months, but it can be extended if the conditions in the designated country do not improve. It does not lead directly to permanent residency (green card status), but it allows individuals to live and work in the U.S. during the designated period.

Who is Eligible for TPS?

Eligibility for TPS varies based on the country of origin. However, the basic criteria for TPS eligibility include:

• Nationality from a TPS-Designated Country: You must be a national of a country that has been designated for TPS by the U.S. government. Commonly designated countries include El Salvador, Honduras, Nepal, Syria, and Yemen, but designations may change over time.

• Continuous Physical Presence in the U.S.: You must have been continuously physically present in the U.S. since the date the country’s TPS designation went into effect.

• No Serious Criminal Convictions: Applicants must not have been convicted of any serious crimes, such as felonies or crimes involving moral turpitude.

• Filing Within the Designated Period: TPS applications must be filed during a specific window of time for each designated country.

If you meet these basic criteria, our experienced attorneys will assist you with the application process and help ensure that all requirements are met.

The TPS Application Process

The TPS application process involves several important steps:

1. Filing Form I-821 (Application for Temporary Protected Status): This is the primary form used to apply for TPS. It requires documentation proving your nationality and eligibility for TPS.

2. Submitting Form I-765 (Application for Employment Authorization): If you wish to work while in the U.S. under TPS status, you must also submit Form I-765 to obtain employment authorization.

3. Biometrics Appointment: After filing the forms, you may be required to attend a biometrics appointment where USCIS will take your fingerprints and other identifying information.

4. USCIS Review and Decision: USCIS will review your application and make a decision. If granted, you will receive temporary protection and work authorization.

It’s important to file your application within the designated timeframe, as late filings are typically not accepted. Our legal team will guide you through the entire process and ensure that all necessary documentation is submitted correctly.

Common Challenges in TPS Cases

While TPS provides important protection for eligible individuals, the process can be complex, and applicants may face challenges, including:

• Missed Deadlines: TPS designations are only valid for a limited time, and missed filing deadlines may result in the denial of your application.

• Ineligibility Based on Criminal History: Serious criminal convictions can make you ineligible for TPS. If you have a criminal record, we can help assess your case and explore potential defenses.

• Failure to Prove Continuous Presence: You must show that you have been continuously physically present in the U.S. since the designated date. Gaps in your presence may complicate the process.

• Country-Specific Requirements: TPS eligibility requirements vary based on the country of origin, and any changes in designation can impact your eligibility.

Our attorneys are experienced in handling TPS cases and can help you overcome any obstacles to secure your temporary protection.

Why Choose Castel & Hall, LLP for Your TPS Case?

At Castel & Hall, LLP, we understand how important TPS is for those who are unable to safely return to their home countries. Our experienced immigration attorneys offer:

• Thorough Knowledge of TPS Requirements: We stay up-to-date with the latest developments in TPS law and the countries that are eligible for protection.

• Personalized Legal Guidance: Every case is unique, and we provide tailored legal advice and strategies based on your specific circumstances.

• Dedicated Representation: We are committed to protecting your rights and helping you navigate the TPS application process as smoothly as possible.

Contact Our Massachusetts TPS Lawyers Today

If you are from a TPS-designated country and need assistance applying for Temporary Protected Status, Castel & Hall, LLP is here to help. Our team is ready to provide you with the legal support you need to secure protection and work authorization in the U.S.

Call us at 617-716-6464 or fill out our online form to schedule a free consultation. Let us help you secure the temporary relief you deserve.

Don’t Wait—Apply for TPS Today

TPS can provide crucial protection for you and your family. Contact Castel & Hall, LLP today to start your application and protect your future in the United States.