Temporary Protected Status

Certain foreign nationals from countries around the world have been granted Temporary Protected Status by the United States. When the Secretary of Homeland Security grants TPS to a country, the intentions are generally to protect foreign nationals from dangerous conditions in their country of origin. For almost 20 years, Katona & Associates, PLLC has helped individuals in their quest to obtain Temporary Protected Status. If you or a loved one are seeking Temporary Protected Status, contact Katona & Associates, PLLC today to learn how we can assist you.

Temporary Protected Status grants certain foreign nationals from designated countries permission to remain in the United States due to unsafe conditions in their home country. The countries that are currently designated for TPS include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen. The Secretary of Homeland Security may consider the following issues when determining whether a country should be designated for TPS:

• A major health epidemic
• An environmental disaster, like an earthquake, tsunami, or hurricane
• Conditions of armed conflict or civil war
• Other conditions that may be considered extraordinary and temporary

Once a country has been granted TPS designation, the nationals of that country who wish to benefit from this designation must also meet certain eligibility criteria. These include the following:

• You must be a national or a habitual resident of a TSP-designated country.
• You must have been continuously physically present in the United States since the date in which your country received its most recept TPS designation.
• You must have continuously resided in the U.S. since the date that was specified for your country.
• You must file during the open initial registration or re-registration period. However, certain individuals may be permitted to file during the late initial filing if the TPS designation for their country was extended.

Please note that if you were convicted of a felony or a minimum of two misdemeanors in the United States, you will not be eligible for TPS. If you are concerned about your eligibility, speak with an immigration attorney at Katona & Associates, PLLC.

Often, individuals who are applying for TPS wonder whether they are permitted to pursue other means of immigration to solidify their place in the United States. If you have been granted Temporary Protected Status, you are still permitted to file for an adjustment of status, apply for non-immigrant status, and apply for other immigration benefits or forms of protection that you might be eligible for. As a TPS beneficiary, you are protected from removal from the United States, are permitted to obtain an Employment Authorization Document that allows you to work, and may be granted authorization to travel outside of the United States.

If you have questions about whether you qualify for Temporary Protected Status protection, it is important that you consult with an experienced immigration attorney. For nearly 20 years, Katona & Associates, PLLC has proudly represented clients across New York City as they navigate various immigration procedures, including TPS. For quality legal representation when you need it most, contact Katona & Associates, PLLC today.