Temporary Protected Status

Humanitarian questions have been much discussed in recent days because of the war in Ukraine and getting a Temporary Protected Status is an option.

Ukraine refugee situation is dramatic, so it is necessary for countries to provide assistance for these people, although there is no legal obligation.

About 3 million refugees have fled Ukraine since the Russian invasion began and looking for a solution to be in safety.

In this article we will talk about Temporary Protected Status and how it can help refugees. Check it out!

What is Temporary Protected Status?

A Temporary Protected Status is a humanitarian solution to protect migrants who had safety problems in their countries.

In 1990, the U.S. Congress approved the Temporary Protected Status (TPS) to help people with safety problems in their origin countries.

TPS is an American government program that allows migrants the right to live and work in the United States for a temporary, but extendable period of time.

In this case, although they are not considered permanent residents or U.S. citizens, many have lived in the United States for a long time. Nowadays, there are about three hundred thousand TPS holders living in the U. S.

How Long Does Temporary Protected Status Last?

TPS is a Department of Homeland Security (DHS) program that allows migrants to reside legally in the United States.

The period maximum is up to eighteen months, but the permission is conceded just from designated countries.

During that time, TPS recipients are eligible for travel and employment authorization and are protected from deportation.

At the end of the period, the U.S. government can renew TPS indefinitely.

The program allows the recipients can apply for permanent residence or citizenship separately because this process is not automatic.

Who Qualifies for Temporary Protected Status?

When a country receives a TPS designation, any citizen who is already physically present in the United States can to apply for the program provided.

People eligible need to fir some requirements set by U.S. Citizenship and Immigration Services (USCIS), a DHS agency.

Previous criminal convictions in the United States and participation in terrorist activities are factors that can disqualify recipients.

There are many reasons for TPS designation, for example:

• Ongoing armed conflict;
• Environmental disaster;
• Other extraordinary and temporary unsafety conditions;

The advantage of TPS is the possibility to extend it indefinitely if the secretary of homeland security home determines that conditions in the country prevent people from returning home safely.

When the TPS expires, people return to the immigration status they held before receiving TPS.

The problem is these people will become susceptible to deportation to their country of origin, after TPS expiration.

Can a Person with Temporary Protected Status Apply for a Green Card and eventually Citizenship?

When the refugee obtains Temporary Protected Status (TPS) in the United States, it’s recommended to have a plan on how to obtain a legal permanent residency status once the TPS designation expires.  

The question is: Can a TPS Holder Gain a Green Card? If are applicable under certain conditions.

TPS does not guarantee the right way to a Green Card but is renewed if the designation is renewed by the Department of Homeland Security.

As we said, when TPS expires, you will revert to the immigration status you had before getting TPS.

TPS holders can apply for adjustment of status (Lawful Permanent Residence) if they have a U.S. Citizen child, parent or spouse who is over the age of 21 years old. One of these citizens will have to petition on your behalf.

TPS recipients can seek permanent residence through their employers if they are eligible for a Green Card-based employment by receiving a job offer from a U.S Employer.

Finally, TPS recipients can apply for asylum, and one year after being granted asylum they can file for their Adjustment of Status (Green Card).

In order to obtain a legal permanent status regardless of how you are filing it will need to do so before your country’s TPS status is revoked.

To learn more about immigration services read our blog, contact us to get more information. Wizard Visa offers the best service to help you become a US citizen!

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