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TPS, as its name implies, is a temporary protected status that is granted to people who are in the United States, who are nationals of a country designated for TPS, and who cannot return to their country because the Conditions in that country prevent them from returning safely.
The Secretary of the Department of Homeland Security (DHS) may designate a foreign country for TPS due to temporary conditions such as ongoing armed conflict (civil war), a natural disaster (such as earthquakes or hurricanes), or an epidemic, or other extraordinary and temporary conditions. Eligible individuals who do not have nationality and whose last residence was the designated country may also get TPS.
During a specified period, eligible individuals who become TPS beneficiaries or preliminarily qualify for TPS are not deportable from the United States and can obtain an employment authorization document and, in some cases, a travel authorization.
To apply for TPS, it is required that the person be a national of a designated country or that that country has been their last residence, and the person must prove that they were physically present continuously in the United States from the date of most recent designation of their country and that the person has continuously resided in the United States since the date specified for his or her country. TPS can be denied if the person has been convicted of a felony or two or more misdemeanors committed in the United States.
If TPS is granted, the alien cannot be detained by the Department of Homeland Security based on their immigration status in the United States. However, TPS is only a temporary benefit and does not lead to lawful permanent resident status or grant any other immigration status.
Do you know what TPS is and how to apply for this temporary protected status in the United States? Attorney Paola Chavarro explains to us the process and the requirements to qualify for this benefit.
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