Most people have heard of temporary protected status yet few know what it really means. Our Philadelphia immigration attorney is here to demystify this legal term. Here is a quick look at what temporary protected status means and why it is important to Philadelphia-area immigrants.
An Explanation of Temporary Immigration Status in Plain Terms
Though temporary immigration status certainly sounds like a complex legal term, there is no reason to be intimidated by it. Often abbreviated to the acronym of TPS, temporary protected status is provided to nationals of specific countries where there are challenges or unsafe conditions that preclude secure relocation. In short, temporary immigration status is a legal protection that has the potential to save your life.
If you live in the greater Philadelphia area and face deportation, you might qualify for this status. If it can be proven the conditions in your home nation make deportation untenable, unsafe, or logistically impossible, our Philadelphia immigration attorney will advocate on your behalf for temporary protected status.
The Roots of Temporary Protected Status
Congress launched temporary protected status as a component of the Immigration Act of 1990. This status provided those who originally hailed from certain nations with protection, preventing them from being forced to return to a nation rife with unsuitable living conditions, war, or environmental disaster.
Temporary protected status even provides a work permit including a stay of deportation for nationals from afflicted countries living in the United States when the United States federal government makes the designation. As of the spring of 2021, more than 300,000 temporary protected status recipients were living in the United States.
The Length of Temporary Protected Status Designations
Temporary protected status designation is available for 18 months, 12 months, or six months. The Secretary is to decide on this status a minimum of 60 days before it expires. The designation will either be terminated or extended in accordance with the foreign national’s home country. The resulting decision to start, terminate, or extend the temporary protected status designation is published within the Federal Register.
If the termination or extension decision is not published a minimum of 60 days before expiration, the designation is automatically extended for the ensuing six months. However, the language of the law does not delve into the length of time a nation can have TPS designation or even fully define what “temporary” means in the context of the status.
Eligibility for Temporary Protected Status
An individual will only qualify for temporary protected status if he or she has lived in the United States from the point in time identified by the Secretary of Homeland Security. The individual must be continuously living within the United States since the designated date. The individual cannot be inadmissible to the United States. Nor can the individual be barred from asylum for national security or criminal reasons. As an example, a convicted criminal with multiple misdemeanors or a felony conviction is not eligible for temporary protected status.
Above all, the candidate for this status must be a national of the foreign nation that has the temporary protected status designation. If the individual is stateless, he or she must have last lived in a nation with a temporary protected status designation.
Voloshen Law is on Your Side
If you are seeking temporary protected status, Voloshen Law is at your service. We also help with other immigration matters including the naturalization process and legal defenses against threat of deportation, establishing permanent residency, and more. You can contact Voloshen Law on the web by completing our contact form. If you prefer to reach us by email, send a message to igor@voloshenlaw.com. You can also reach us by phone at (215) 437-7854.