Temporary Protected Status Attorney in Birmingham, Alabama
TPS (Temporary Protected Status) is given to foreigners from specific countries when they enter the country. TPS would be granted if a person’s safety and well-being would be in jeopardy if they returned to their home country. These can be problems that prevent the person from going back or constitute a serious risk to their safety and wellbeing.
When seeking legal assistance and representation, it is crucial to work with a lawyer who has a lot of knowledge handling TPS cases. Our Alabama immigration attorneys at Petro Immigration Attorneys have defended clients with regard to a range of immigration issues, including Temporary Protective Status. We can help you narrow down your options and choose the best course of action.
It is possible to apply for temporary protected status, although it can be challenging. Contact us immediately via phone or online message. Ever day, we are here to help.
Why do I need a TPS attorney in Alabama?
In some circumstances, global events have an impact on American immigration policies.
Recipients of TPS are frequently exempt from deportation procedures. They issued permission to work by means of a document authorizing employment. If necessary, they could also apply for a travel document using Form I-131, Application for Travel Document.
You must move promptly in your case because US immigration laws can be fairly strict. You can get assistance with the proper papers and more information from an accomplished Alabama TPS lawyer.
Petro Immigration Attorneys will work closely with you for the finest results. Get in touch with our reputable immigration lawyers in Alabama right away.
Legal Process for Foreign Citizens (Non-Immigrants)
Numerous immigration petitions are processed by the USCIS (United States Citizenship and Immigration Services). Some people are fortunate enough to be able to apply for a green card so they can live permanently in the United States, but others aren’t. Genuine immigrant visas can be rather difficult to obtain, and because of special regulations that’s why some people are only able to stay in the US.
If you are not a citizen of the country, you can obtain assistance from a dedicated immigration lawyer in Alabama with the required USCIS papers. Some of these options include humanitarian parole, American asylum, U or T visas, or TPS. A competent and knowledgeable attorney at a TPS law firm can provide you with the legal assistance you require.
Who is given Temporary Protected Status?
In general, if a foreign country’s extraordinary circumstances temporarily prevent its citizens from returning home safely, the Secretary of Homeland Security may choose that country for Temporary Protected Status. The following conditions are those where the government is unable to manage the return of its residents in an appropriate manner, such as during an outbreak, a natural disaster (such as an earthquake or hurricane), or a persistent war (such as a civil war).
The USCIS office may issue TPS to citizens of the countries below who are already citizens of the United States. A Temporary Protected Status may also be available to those without a nationality who last resided in the chosen nation.
An Overview of the Temporary Protected Status
According to the Immigration Act of 1990, the Attorney General, who oversees the Department of Justice, has the power to grant non-permanent status, allowing those from countries where returning would not be a safe option to work and reside in the United States.
Once that country has been given Temporary Protected Status, any citizen of that country (or stateless persons who habitually resided there) who is already in the United States may apply for protected status. In general, a person entering the nation after the date of designation is ineligible for the TPS.
If you want to learn more about immigration and Temporary Protected Status, you should definitely get in touch with a trusted local attorney from Petro Immigration Attorneys. We can help you with your application for TPS, advance parole, or prospective future eligibility for particular United States visas and gaining a permanent residence card, if the circumstances permit.
Country Designation for Temporary Protected Status
A country will typically be considered eligible for Temporary Protected Status designation when one or more of the following conditions are met:
Temporary and Extraordinary Conditions
The United States may designate a country as having TPS if a person seeking immigration into the country would face danger if they went home. Unless a relevant US government agency decides that permitting these individuals to stay would be against US interest.
Natural Disasters
TPS mostly applies to areas hit by pandemics, earthquakes, storm surges, and other natural catastrophes that seriously disrupt daily life. Sending the person home, for instance, can be challenging if the infrastructure has sustained serious damage.
Ongoing armed conflict
A nation may be granted Temporary Protected Status if it is involved in an internationalized armed conflict (civil war) or a non-international armed conflict with stateless adversaries.
The DHS must consult with other governmental agencies like the Department of State, Department of Justice, or Department of Defense while identifying a country. Whether or not to identify a country as having TPS is ultimately up to the Secretary of Homeland Security.
Contact Petro Immigration Attorneys for additional details on TPS and protecting your legal rights.
Temporary Protected Status Eligibility
To be granted TPS, a petitioner must show the following in accordance with US immigration law:
- They are a habitually stateless resident or citizen of one of the nations with TPS designation.
- Since the US was given Temporary Protected Status (TPS), they have continuously been physically present there.
- They have lived continuously in the United States since a date specified by the Secretary of Homeland Security.
- They pose no threat to the United States. Regardless of whether it is considered malicious, illegal, or necessary for national security by the relevant government agency.
However, a foreign national may not be eligible for TPS or to maintain one they already have if they:
- Does not physically uphold the requirements for continuing residency and presence in the US
- Failure to meet the original standards or registering for the TPS too late.
- Has committed any obligatory offenses that bar someone from seeking refuge, such as supporting terrorism or helping someone else be punished.
- Is found to be inadmissible as a foreign national for security, crime, or other reasons that cannot be waived in accordance with INA Section 212 (a)
- Was convicted of any felony or two or more misdemeanors committed in the US
- Received TPS, but for no valid reason failed to re-register as required
It is important to keep in mind that the Secretary of Homeland Security may decide to extend a country’s TPS past the typical period of 6, 12, or 18 months. A person who entered the nation after the first designation may want to be reclassified and receive the protections. If a country is designated as having TPS, the status of those who now have it is likewise extended.
Application for Temporary Protected Status
A TPS application must be accompanied by the following forms, relevant supporting documentation, and required fees (or a request for a cost waiver):
Form I-821
To apply for TPS, you must submit an Application for Temporary Protected Status via the USCIS’ TPS website or at the location listed in the Federal Register for that country. You may find details on how to file as well as other information on the site’s webpage for each country.
Form I-765
To be used for work-related activities, the Request for Employment Authorization may be submitted with the TPS application. While a person is on TPS, Form I-765 can be submitted at any time and is not always necessary. However, those who meet the requirements will generally receive their EAD more quickly if Form I-765 is completed in addition to Form I-821, if appropriate.
Form I-601
If you are found to be inadmissible to the United States but wish to have the grounds for that determination waived, you must submit an Application for Waiver of the Grounds of Admissibility.
Temporary Protected Status Adjustment
As was previously mentioned, Temporary Protected Status allows someone from a dangerous country—such as one that is going through a civil war or a natural disaster—to stay in the US for a set period of time. The DHS is not allowed to detain someone based on their immigration status once they have been granted TPS. But it’s important to remember that getting a TPS does not guarantee you a green card.
According to the applicable immigration regulations, TPS does not immediately grant citizenship or legal permanent resident status. In order to avoid problems with immigration enforcement, it only allows a small number of foreign nationals to live legally in the country.
TPS is a temporary benefit that does not provide the holder the ability to live anywhere legally. Although applying for TPS does not prevent you from applying for nonimmigrant status, changing your status based on an immigrant petition, or applying for any other type of immigration aid for which you might be eligible. It is critical in this circumstance to confirm your continued eligibility for any immigration benefits for which you are applying.
Frequently Asked Questions about Temporary Protected Status
Foreign nationals who are experiencing crises and unrest in their native country may find the TPS application procedure to be challenging. The following are some frequently asked inquiries and answers to TPS.
How long will TPS allow me to stay in the United States?
The nature of emergency you are experiencing and how long DHS will consider your nation of origin eligible for TPS will determine the answer. DHS may extend this time if the circumstances in the country warrant for it. The initial period offered is not less than six months and not more than 18 months. As a result, while some immigrants with TPS have been able to live and work in the United States for 10 or more years, others have only been permitted to do so for a year or two.
How long is the validity of my work permit?
An employment authorization document, often known as a work permit or EAD, may be given to you. It will expire on the same day as your TPS status, however USCIS frequently automatically extends EADs when it announces the renewal of TPS for a particular nation. By doing this, it allows itself enough time to handle the influx of EAD applications before everyone’s right to work expires.
Can I still apply for TPS if I entered the country unlawfully or overstayed my visa?
Yes. You can still apply for and obtain the advantages of TPS (including a work permit) even if you entered or stayed in the United States illegally, despite the fact that TPS acceptance does not confer amnesty (or forgiveness) for earlier immigration offenses.
The fact that your term of unauthorized presence in the US will end if you are granted TPS is still another persuasive incentive to apply. This means that for the intention of hiding issues with inadmissibility, the period spent in the US while a TPS recipient will be regarded as legal.
Can I later submit an application for a green card if TPS is granted to me?
No, or at least not directly, Temporay Protected Status doesn’t result to US permanent residence (a green card). TPS is a temporary immigration status that shields individuals from having to return to a place where there is an active threat to their safety. There is no direct path to permanent residence (i.e. a green card) that will result from receiving TPS, even if you were to work and live legally in the US as a TPS beneficiary for several years.
You might, however, currently qualify for a green card or in the future. This might be the result of, say, getting married to an American citizen, getting a job offer and sponsorship from a US firm, or getting asylum.
Can my current employer, or a different one, sponsor me for a green card if I have been given TPS and am able to work lawfully for a US company?
Technically, the answer is yes for many (though not all) jobs. But it can be challenging to locate a willing employer. It takes a lot of time, money, and effort on the part of the employer and is a long, difficult procedure with several rules and regulations.
There may be a long waiting list for a visa depending on your educational level and skills, and companies may need to obtain “labor certification” to demonstrate that there are no competent US workers who can perform the same job.
As was already said, there is also the issue that if your most recent admission into the country was illegal, you would not be qualified to apply for a green card through the “adjustment of status” process without leaving the country. However, if you leave the United States for a consular interview, you can be forced to stay outside of it for a while as a penalty for the period you spent in the country illegally before applying for TPS.
Can I apply for TPS immigration benefit along with TPS or after receiving approval for another one?
Yes, potentially. If you are qualified for a more enduring and well-established form of immigration relief, such as asylum, a green card by marriage or another type of close family connection to a citizen or permanent resident of the United States, or even a green card through the diversity visa lottery, you should apply for it.
One advantage of TPS is that you will get your job authorization document quite soon if approved. Therefore, it is beneficial to file for TPS while you look into your other immigration possibilities.
Should I ever submit a new TPS application or register again?
Yes, most certainly. If USCIS redesignates your country for TPS and you wish to remain in the US, you may need to reapply for TPS in order to keep your status (and pay associated fees). The same forms and processes that you used to apply the first time must be used again. However, there are situations when USCIS will automatically extend the employment permit of TPS beneficiaries for a period of time without forcing applicants to reapply or pay extra costs.
Can I leave the US while my application is being reviewed? When my application is approved, am I allowed to travel?
You are allowed to go, but if you’ve ever been present in the country illegally, you may wish to get legal counsel before departing. Even if you are a TPS beneficiary with advance parole, you risk being barred from entering the country again if you have ever entered without permission or overstayed the validity of a visa or other legal status.
Use USCIS Form I-131, Application for Travel Document, if you are certain you won’t be found inadmissible upon your return and want to leave the country. This form must be turned in before you leave. Include a copy of your TPS grant or your TPS application reception notice and check the box next to “I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.”
Upon approval of your advance parole, you will continue to have TPS upon your return. Without this authorization, your TPS will be deemed abandoned. You can’t resettle in other nation or return to your native country without compromising your TPS status. Your journey outside of the US must be “short, informal, and innocent.”
Can I appeal if my TPS application is denied?
Yes, in most situations, provided your case is not rejected due to criminal or national security concerns. Utilizing USCIS Form I-290B, A Notice of Appeal or Motion, you can submit a motion for reconsideration. However, it is strongly advised that you speak with a skilled immigration lawyer who can advise you on whether filing an appeal is in your best interests and assist you in creating a convincing case for one.
What a TPS Lawyer in Alabama Could Do to Help?
People who appear to be TPS beneficiaries or “prima facie eligible” for TPS after a preliminary review of their cases are unlikely to be deported within a predetermined time frame. Due to their immigration status, DHS cannot detain them. Additionally, if necessary, they could receive a document authorizing them to work and permitting them to travel.
Through the Department of Homeland Security, United States law provides both documented and undocumented immigrants with various protections. One may be able to live and work in the United States with the help of a T visa, U visa, or the TPS, for example.
A person is granted a temporary reprieve from deportation and a temporary work permit if they match the requirements and USCIS authorizes TPS. TPS recipients may also be eligible for advance parole, which allows them to travel abroad and then come back. However, because of their status, people with TPS are often ineligible for any kind of public assistance.
Call our TPS Lawyer in Alabama Now!
It’s crucial to keep in mind that their TPS application’s immigration status has no bearing on eligibility. Any previously issued removal order has the same effect. TPS will not, however, be automatically awarded to nationals of particular countries. They must complete the necessary immigration paperwork, pay the necessary fees, and register at the allotted registration time.
Do not make a hasty choice to apply for TPS. Do not be reluctant to consult a reputable Birmingham Alabama law firm knowledgeable in TPS and other immigration issues.
If you want to understand more about these issues, get in touch with the Petro Immigration Attorneys legal team. Immediately get advice from one of our dependable and committed Alabama attorneys for Temporary Protected Status.