York Temporary Protected Status Attorney
Helping Vulnerable Clients Maintain Their TPS Status and Benefits
When a nation experiences a dangerous catastrophe, its citizens can be
placed at imminent risk. Sometimes, citizens of those countries will make
their way to the United States in pursuit of a better life. Should conditions
in their home country deteriorate, their removal from the U.S. could represent
a significant danger to their lives.
Temporary Protected Status (TPS) is a classification that gives such foreign
nationals temporary permission to live and work in the United States.
Authorized by the Department of Homeland Security (DHS), the distinction
is granted to individuals who cannot safely return home as a result of
some sort of temporary, dangerous crisis.
The Department of Homeland Security can institute a TPS for countries experiencing:
- Continuing armed conflict (such as an invasion or civil war)
- Environment catastrophes, such as earthquakes or floods
- Any other temporary crisis that could overwhelmingly endanger returning citizens
Benefitting from TPS is one way you may be able to avoid being removed
from the United States as a result of your immigration status. Our York Temporary Protected Status lawyer at The Law Office of Rosina
C. Stambaugh can evaluate whether you may qualify for TPS and work to
ensure officials are honoring your benefits, which, among other things,
protect you from
Do not wait to find out if you could benefit from TPS. Call
(717) 921-4042 or
contact us online to get started today.
How Do I Know If I Am Eligible for TPS?
In order to qualify for TPS benefits, the Secretary of DHS must either
give your country of origin the TPS designation. However, simply being
a citizen of an impacted country does not automatically entitle you to
Never assume you benefit from TPS. In addition to being a national from a designated country, you must have
continuously lived in the United States in the time since a specified
“designation date” and registered for TPS status within a
specified window of time.
Remember, you must have maintained continuous physical presence in the
United States since your country’s designation date. That means for a national from Nepal, for example, you would need to have
already been in present and
continued to be present in the U.S. since 6/24/2015 or earlier. Our York Temporary
Protected Status attorney can establish your eligibility and make sure
your status is current.
What Are the Benefits of TPS?
TPS confers powerful benefits to registered beneficiaries who meet the
Most critically, TPS holders may not be deported from the country as a
result of their immigration status. This is by design: TPS is meant to help foreign nationals from being returned
to home countries experiencing a dangerous and temporary crisis. TPS benefits
work to permit impacted individuals to live and work in the United States
until it is safe to return.
In addition to temporary immunity from removal proceedings, TPS holders
are eligible to apply for employment authorization documents (EAD), meaning
they can in many cases gain meaningful employment for the duration of their
stay in the United States. TPS beneficiaries can also obtain authorization for travel into and out
of the country.
There are no limitations on where TPS holders can live in the United States. Thousands of TPS beneficiaries choose to live in metropolitan areas in
practically every corner of the country, including Los Angeles, Miami,
New York, Houston, and Washington, D.C.
Do TPS Benefits Expire?
Yes, though they last for at least several years in a grand majority of
circumstances and can be extended as the situation demands. TPS benefits
only last as long as the designation period for a given country.
Should your benefits expire, you will be expected to leave the United States,
otherwise you will begin accruing unlawful presence that can make future
legal immigration more challenging.
The Secretary of DHS can elect to extend a designation period for a given
country at any time. They are required to publish a decision, one way
or the other, at least 60 days before a designation period is set to expire.
Extensions can be made in 6, 12, or 18-month increments. Should the Secretary choose
not to extend a designation, you will have the 60-day window to make preparations
to depart the country.
The decision on whether to extend TPS designations is meant to reflect
the evolving situation in the affected country. If the inciting situation – a civil war or a tsunami, for example
– has measurably improved, the Secretary is unlikely to extend the
designation. If the situation has stagnated or worsened – say, if
an armed conflict remains ongoing, or critical services following a natural
disaster have not been restored – an extension may be warranted.
In theory, the goal is to avoid sending foreign nations back to a dangerous
situation, though political machinations can sometimes appear to interfere
with the law’s intentions.