Temporary Protected Status

Temporary Protected Status Lawyers in North Carolina

Get Legal Help for Your Advance Parole Document

Temporary Protected Status (TPS) is granted to foreign nationals from specific countries arriving in the United States. TPS is given if deporting an individual to their home country poses a threat to life and security. These could be conflicts and difficulties that make returning impossible or a direct threat to the safety and wellbeing of that individual.

When seeking legal representation and advice, it is crucial to look for extensive experience in handling TPS cases. Our North Carolina immigration attorneys at Diener Law have represented clients with all sorts of immigration issues, including Temporary Protection Status. We can help you determine your possible options and decide on the best course of action.

The process of applying for TPS can be pretty overwhelming, but it is not impossible. Give us a call now or contact us online. We are here 24/7 to help. Consult our immigration law office in North Carolina today.

Why You Need an Immigration Attorney in North Carolina

In some instances, United States immigration policy becomes intertwined with what is happening in other parts of the world.

Individuals who are granted Temporary Protected Status are generally protected from removal proceedings. They gave employment authorization through an Employment Authorization Document. When necessary, they can also apply for travel abroad authorization through the Application for Travel Document, Form I-131.

US immigration laws can be pretty strict, which is why it is vital to take prompt action for your case. A dedicated North Carolina temporary protected status attorney can explain this in more detail and assist you with relevant paperwork.

Our legal team at Diener Law will work closely with you to make sure that you get the best possible results. Avail of a free consultation with our reliable North Carolina immigration lawyers today.

The Legal Process for Non-Immigrants

Countless immigration applications are processed by the United States Citizenship and Immigration Services (USCIS Office). While those with an immigrant visa can proceed with a US green card application and become permanent residents, others are not as lucky. Having valid immigrant visas can be a big challenge, and some people can stay in the United States only because of special laws.

A dedicated immigration attorney in North Carolina can assist you with relevant USCIS forms for non-citizens of the United States. Among these are humanitarian parole, asylum in the United States, T or U visa, or temporary protected status. A competent and compassionate legal professional from a temporary protected status law firm can provide the legal assistance that you need.

Who Are Granted Temporary Protected Status?

In general, the Secretary of Homeland Security may designate a foreign country for Temporary Protected Status to countries whose extraordinary conditions temporarily prevent their citizens from returning safely. Included here are particular circumstances where the government cannot handle the return of its nationals adequately, such as in the case of an epidemic, an environmental disaster (such as earthquake or hurricane), or ongoing armed conflict (such as civil war).

The USCIS office may grant TPS to nationals of designated countries who are already in the United States. A Temporary Protected Status may also apply to individuals who last resided in the designated country without nationality.

If you have any clarifications on the above, contact hands-on and reliable North Carolina TPS attorneys from Diener Law.

A Quick Overview of the TPS

Through the Immigration Act of 1990, the Attorney General, the head of the Department of Justice, may grant a non-permanent status that will allow individuals from countries where returning is not a safe option to live and work in the US.

Once a country receives Temporary Protected Status, any national of that country (or stateless individuals who habitually resided in it) already in the US may apply for the protective status. In general, the TPS does not apply to an individual who enters the United States after the date of designation.

To know more about TPS and immigration, it is highly recommended to contact a reliable local attorney from Diener Law. We can help with your TPS application,  application for advance parole, or the possibility of eventually qualifying for certain US visas and obtaining a permanent resident card, if circumstances will allow.

Determining Countries with TPS Designation

A country will usually be deemed eligible to be considered for TPS designation if one or more of the following conditions are met:

Extraordinary and temporary conditions

The U.S. could give a country a TPS designation if the safety and security of someone seeking to enter the United States were in danger if they were to return to that country. This is unless an appropriate US  government agency finds it contrary to the United States’ national interest to allow such individuals to stay.

Natural disasters

The TPS is generally applicable to countries hit by epidemics, earthquakes, tsunamis, and other natural events that cause extreme disruption to living conditions. Sending the person back to their home country can be challenging, for instance, if infrastructure has been severely damaged.

Ongoing armed conflicts

Temporary Protected Status designation may be given to countries involved in internationalized armed conflict (civil war) and non-international armed conflict with stateless bad actors.

The DHS must consult with other federal agencies, such as the Department of State, Department of Justice, or Department of Defense, in creating the designation for a country. However, whether or not a country is given a TPS designation is at the discretion of the Secretary of Homeland Security.

Contact us at Diener Law to know more about the temporary protected status and protecting your legal rights. Schedule a free, confidential consultation today.

Eligibility for Temporary Protected Status

Under US immigration laws, to be eligible for Temporary Protected Status, an applicant should establish that:

  • They are a national, or a habitually stateless resident of a country with TPS
  • They are continuously physically present in the United States since the TPS designation of that country
  • They have continually resided in the United States since a date specified by the Secretary of Homeland Security
  • They do not pose any threat to the United States. for nefarious, criminal, or national security-related reasons, as determined by the relevant government agency.

Conversely, a foreign national may not be eligible for Temporary Protected Status (or to maintain an existing one) if they:

  • Fails to meet requirements on the continuous residence and physical presence in the United States
  • Fails to meet requirements on initial or late initial TPS registration
  • Is subject to any of the mandatory bars to asylum, such as engaging in or inciting terrorist activity or participating in the persecution of another individual
  • Is found inadmissible as an immigrant due to non-waivable criminal and security-related grounds, or other applicable grounds under INA Section 212(a)
  • Has been convicted of any felony or two or more misdemeanors committed in the United States
  • Has been granted TPS but fails to re-register as required, without good cause

It is essential to keep in mind that a country’s Temporary Protected Status is usually for 6, 12, or 18 months, which the Secretary of Homeland Security may extend. In redesignation, an individual who came to the United States after the original designation may apply for the protections. If a TPS designation of a country is extended, the status of those people who currently hold TPS is extended as well.

Contact us at Diener Law to know more about the temporary protected status and protecting your legal rights. Schedule a free, confidential consultation today.

Applying for Temporary Protected Status

An application for TPS must include the following forms, relevant supporting documents, and appropriate fees

(or a fee waiver request):

Form I-821

To register or register for TPS, You must file an Application for Temporary Protected Status either through USCIS’ TPS webpage or the address listed in the Federal Register for that country. You can find information on how to file and other details on each country’s page on the site.

Form I-765

For work purposes, a Request for Employment Authorization may be submitted as part of the TPS application. Form I-765 is not necessary for all cases and can be filed at any time while a person holds TPS. If applicable, however, those eligible will likely receive their EAD faster if Form I-765 is submitted at the same time as Form I-821.

Form I-601

If you’re considered inadmissible to the United States but want a waiver on the grounds of that judgment, you must file an Application for Waiver of the Grounds of Admissibility.

Adjusting TPS Status

As mentioned, Temporary Protected Status lets a person from an unsafe country, such as those under civil war or natural disaster, stay in the US for a certain period. Once granted TPS, an individual can not be detained by the DHS based on their immigration status in the United States. However, it is essential to remember that a TPS does not make one a green card holder.

Under relevant immigration rules, one’s Temporary Protected Status does not lead to legal permanent resident status and citizenship in the United States. It only lets certain foreigners legally stay in the U.S. so that they do not have any trouble with immigration enforcement.

TPS is a temporary benefit that does not lead to legal permanent residence. However, registration for TPS does not prevent you from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible. Essential here is making sure that you still meet all the eligibility requirements for a particular immigration benefit that you are applying for.

Contact us at Diener Law to know more about the temporary protected status and protecting your legal rights. Schedule a free, confidential consultation today.

How North Carolina TPS Lawyers Can Help

Within a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible) are not removable from the United States.  DHS cannot detain them based on their immigration status. When needed, they may also be granted travel authorization and obtain an Employment Authorization Document.

Through the Department of Homeland Security, United States law provides several protections for legal and undocumented immigrants. For example, a U Visa, T Visa, or the TPS can enable a person to stay and work in the US.

If a person demonstrates eligibility and USCIS grants TPS, that person receives a temporary stay of deportation and temporary authorization to work in the United States. TPS beneficiaries are also eligible for advance parole, which provides permission to travel abroad and return to the United States. Those with TPS, however, are generally not eligible for any public assistance under their status.

Contact our Immigration Attorneys at Diener Law Today

It is essential to keep in mind that the immigration status of their TPS application does not affect eligibility. The same can be said for a previous issuance of a removal order. Nationals of a designated country, however, will not automatically receive TPS. They must register during a specific registration period, submit necessary immigration forms, and pay pertinent fees.

Applying for Temporary Protected Status is not something that you should take lightly. Do not hesitate to seek legal assistance from a trusted law office specializing in TPS and other immigration issues.

If you wish to learn more about these things, give our team at Diener Law a call. Consult with our reliable and hands-on, and hard-working temporary protected status lawyers in North Carolina today. Reach out to our North Carolina immigration law firm today!


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