Temporary Protected Status (TPS)

Immigration Attorney Vianey Hurtado
By: Vianey Hurtado
Immigration Lawyer
Licensed in Arizona since: 2014

Temporary Protected Status (TPS) Attorney In Phoenix

Temporary Protected Status (TPS) is a humanitarian program created by the United States government in 1990. It allows foreign nationals from certain countries experiencing temporary conditions that make it unsafe for them to return home, to live and work legally in the United States.

If you need to apply for Temporary Protected Status in Phoenix, AZ, please get in touch with immigration attorney Vianey K. Hurtado. When you work with our law firm, you can confidently go through the application process, having Vianey by your side. Vianey focuses primarily on Immigration law and has a personal understanding of the immigration experience as a proud daughter of an immigrant. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.

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VIANEY HURTADO is an incredible lawyer. Since the beginning of my services her and her team made sure I felt well take care of. Her and her team was patient, efficient and compassionate with me.
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Attorney Vianey K. Hurtado is a very honest, professional and patient immigration attorney who gives you confidence in the course of your case. She helped me a lot and very quickly for my residency.
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If my family and I could give 100 stars I would. Vianey and all her staff were helpful from day one. Always treated us with great professionalism. Always honest and hard working. Will definitely be recommending her!!!
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My father had a very rough immigration case, Vianey did an amazing job. Thank you so much, very grateful for everything you did. My father is now a permanent resident thanks to you.

Who is eligible for TPS?

To be eligible for TPS, you must be a national of a country designated for TPS by the Secretary of Homeland Security. Eligibility for TPS is multifaceted, so let's break it down:

  • Country Designation: You must be a national of a country currently designated for TPS by the Secretary of Homeland Security. The Department of Homeland Security maintains a list of designated countries, which can change based on ongoing temporary conditions like armed conflict, natural disasters, or other extraordinary circumstances. Currently, TPS designations apply to nationals of around 15 countries, including Haiti, Venezuela, Honduras, El Salvador, Nepal, Nicaragua, Yemen, Syria, and Sudan.You can check for updates here: https://www.justice.gov/eoir/temporary-protected-status
  • Continuous Physical Presence: You must have been continuously physically present in the United States since a specific date designated for your country. This "registration period" varies depending on the country and the date of the initial designation or extension. For example, if you're applying for TPS under the designation for Honduras, you'd need to demonstrate continuous presence since January 7, 2001.
  • Continuous Lawful Presence: While not explicitly required for all TPS designations, some countries specify that applicants must have been lawfully present in the US during the continuous presence period. This means entering and remaining in the US legally, through a visa or other authorized status.
  • No Criminal or Immigration Violations: While it is possible to apply with a minimal criminal history (i.e. one misdemeanor), you must not have committed certain serious crimes or knowingly violated immigration laws. This includes felonies, two or more misdemeanors committed in the United States,  immigration fraud, and certain convictions involving moral turpitude.
  • Registration Period: You must file an application for TPS during the designated registration period for your country. Failure to register within the timeframe can significantly impact your eligibility.

Additional Requirements: Depending on the specific country and TPS designation, there might be additional requirements or exceptions to consider. For example, some countries may designate specific regions or portions of the country for TPS, meaning only individuals from those areas are eligible.

What are the benefits of TPS?

Within its limitations, TPS offers several crucial benefits for eligible individuals. Some of those benefits include:

Protection from Deportation: The primary benefit of TPS is protection from deportation back to a home country experiencing temporary but dangerous conditions. This allows TPS holders to live and work legally in the United States without fear of immediate removal. This stability fosters a sense of security and promotes integration into the community.

Employment Authorization: TPS grants recipients an employment authorization document (EAD). This enables them to legally work in the United States and contribute to the economy. Having a stable income allows TPS holders to support themselves and their families, reducing dependence on public assistance and promoting self-sufficiency.

Travel Authorization: In most cases, TPS holders can apply for a travel authorization document. This allows them to travel outside the United States and return legally, as long as they meet specific requirements and maintain valid TPS status. This enables them to visit family and friends abroad, attend important events, or conduct business trips.

Access to Education and Public Services: Generally, TPS holders have access to public education for their children and may be eligible for certain public benefits depending on state laws. This ensures their children can receive an education and their families can access essential services like healthcare.

Community Stability and Economic Contribution: The presence of TPS holders contributes to community stability and economic growth. They often fill critical roles in essential industries like agriculture, construction, and healthcare. Their purchasing power also boosts local economies.

Humanitarian Benefits: TPS provides humanitarian relief to individuals who would otherwise face danger and hardship in their home countries. It allows them to find safety and rebuild their lives in the United States, contributing to a more just and compassionate society.

It's crucial to note that these benefits are temporary and depend on continued TPS designation for the recipient's country. Advocacy efforts focus on seeking a path to permanent residency for TPS holders to provide long-term stability and security.

What are the limitations of TPS?

TPS is a temporary benefit, and it does not lead to a path to citizenship. It can be terminated by the Secretary of Homeland Security at any time, and if your TPS designation expires, you may be required to return to your home country. Some of the limitations of TPS are:

  1. Temporary: As the name implies, TPS is not a permanent immigration status. It is granted for a specific period, initially 18 months, and can be extended, though not guaranteed. This leaves recipients in a state of uncertainty regarding their future in the US.
  1. No path to citizenship: TPS does not provide a direct path to lawful permanent residency (green card) or citizenship. While some advocates and lawmakers push for legislation to change this, currently, TPS holders must navigate other immigration pathways if they wish to permanently stay in the US.
  1. Renewal vulnerability: TPS designations are subject to review and possible termination by the Secretary of Homeland Security. Political and international circumstances can influence these decisions, adding another layer of uncertainty for recipients.
  1. Limited travel freedom: While TPS generally allows travel with proper authorization, some countries maintain restrictions on TPS holders. Additionally, leaving the US without authorization during TPS can jeopardize future eligibility.
  1. Potential loss of benefits: Ending TPS may result in loss of employment authorization and associated benefits like driver's licenses. This can have significant economic and social repercussions for affected individuals and their families.
  1. Psychological impact: The temporary nature and uncertainties surrounding TPS can be psychologically stressful for recipients. Concerns about family separation, financial stability, and future prospects can take a toll on their well-being.
  1. Discrimination and exploitation: Unfortunately, some employers or individuals may be unfamiliar with TPS or hold negative attitudes towards immigrants. This can lead to discrimination in employment, housing, and other areas.
  1. Lack of comprehensive support: Access to resources and legal assistance may be limited for TPS holders, particularly in rural or resource-constrained communities. This can disadvantage them in navigating complex immigration processes.

These limitations highlight the precarious situation faced by TPS holders despite the program's humanitarian intent. Recognizing these limitations is crucial for advocating for policy changes and supporting individuals impacted by them.

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How can I apply for TPS?

To apply for TPS, you must file Form I-821, Application for Temporary Protected Status, with U.S. Citizenship and Immigration Services (USCIS). 

We recommend that you consult with an attorney before completing any application on your own. Attorney Vianey K. Hurtado offers support for those navigating the challenges of immigration, particularly in filing Form I-821. Her personal connection to immigration adds depth to her professional expertise, making her an ideal choice for those seeking guidance and representation in their immigration journey. Contact us today for a detailed case evaluation. Our firm serves the areas of Phoenix and Yuma.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Vianey K. Hurtado Law’s legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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