Temporary Protected Status

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Temporary Protected Status

Temporary Protected Status

In 1990, Congress passed a law prohibiting the deportation of immigrants to countries that had been specially designated by the U.S. as war zones or disaster areas.

In these cases, an individual who may be otherwise deported would be eligible to apply for TPS, gain a work permit, and avoid deportation.
Countries are added to the TPS list and removed each year. There are currently over 300,000 people living in the U.S. under TPS. The Dayton, OH, immigration lawyers at The VanNoy Firm can help individuals from designated countries avoid deportation or apply for TPS to ensure they comply with U.S. law.

Requirements for TPS

Foreign nationals must be able to establish that they will be deported to a country that has been designated as a TPS zone. They must further be able to establish that they have continuously resided in the U.S. since the designation. Lastly, they cannot have a felony or two misdemeanors on their record. 

Immigrants do not automatically qualify for TPS simply because they come from a designated country. Instead, they must register during a registration period and pay fees related to the application process. 

As a positive, the individual’s immigration status or the presence of a removal order would not impact their eligibility for TPS.

Can I Apply for a Green Card With TPS?

No. The TPS will remain in effect, however, until the designation is lifted. Then, the immigrant would be required to go back to their home country and approach the U.S. consulate for the documentation. However, leaving the country would trigger a 10-year bar to reentering it. An immigration attorney can help those with TPS status navigate this tricky situation. Essentially, you need to apply for special permission to leave the country and return.

What Happens When a TPS Designation Ends?

Once the country has been removed from TPS protection, the immigrant’s immigration status would default to whatever it was before. In most cases, this means they go back to being undocumented. For that reason, maintaining contact with an attorney to avoid your status defaulting to undocumented is important. 

How Can a Dayton, OH Immigration Attorney Help?

The situation for U.S. immigrants operating under TPS is complicated and can easily become dangerous for those who aren’t following along with changes to the law. The Dayton, OH, immigration attorneys at The VanNoy Firm will guide you every step of the way, help you avoid problems with law enforcement, and help you apply for a U.S. green card if you choose. Call today to learn more.

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