Atlanta Temporary Protected Status Lawyer
Temporary Protected Status (TPS) grants temporary legal residence in the United States to foreign nationals whose home countries cannot guarantee the safety of their citizens/returning nationals. This may occur when a natural disaster or a political conflict has forced people to leave their homeland. If the United States has granted Temporary Protected Status to nationals of your home country, Shirazi Immigration Law can assist you with filing your TPS application and identifying a more permanent immigration solution in the meantime.
Who Is Eligible for TPS?
To be eligible for TPS, you must be a national of a designated country or be a person without nationality who last habitually resided in a designated country. Unless you meet the requirements for late initial filing during an extension of your country’s designation, you must file during the open initial registration or re-registration period. You must also meet the requirements for being continuously physically present in the U.S. and continuously residing in the U.S. since the dates specified for your country.
Some factors can exclude you from TPS eligibility. These include:
- One felony or two misdemeanor convictions in the U.S.
- A finding of inadmissibility under certain grounds.
- Subject to a mandatory bar to asylum.
- Failure to register for TPS as required without good cause.
The current countries that qualify for Temporary Protected Status are the following:
Myanmar (Burma) has been host to a military coup that has visited brutal violence against civilians by the country’s security forces. Myanmar (Burma) was designated for TPS in March 2021.
El Salvador was designated for TPS in March 2001 based on an environmental disaster in the country resulting from a series of devastating earthquakes.
A 7.0-magnitude earthquake rocked Haiti on January 12, 2010. TPS was extended for 18 months and subsequently extended through 2017 when efforts were made to terminate TPS for Haiti and other countries.
Hurricane Mitch struck Honduras in 1998, causing approximately 7,000 deaths, severe flooding and extensive damage.
Nepal was designated for TPS on June 24, 2015, following a devastating 7.8 magnitude earthquake that shook the country in April 2015.
Hurricane Mitch hit Nicaragua on January 5, 1999, causing 3,800 fatalities and cataclysmic flooding. TPS for Nicaragua was last extended on May 16, 2016. It was ended by the Trump administration, but this termination has been hung up in the courts, so TPS remains in effect.
TPS has been extended for Somalia since 1991 due to extraordinary and temporary conditions, plus new extraordinary and temporary conditions in 2001 and again in 2012 due to new conditions and ongoing armed conflict.
Ongoing armed conflict and extraordinary and temporary conditions that prevent South Sudan nationals from safely returning to their country provided the basis for TPS in 2011.
Sudan was designated for TPS in 1997 due to ongoing armed conflict and extraordinary and temporary conditions.
Syria was first designated for TPS in 2012 due to the Syrian military’s violent suppression of opposition to the Bashar al-Assad regime.
Venezuela has been facing a severe humanitarian emergency based on a severe political and economic crisis in the country, food insecurity, crime, a collapse of basic services, a significant health crisis and concern over human rights abuses. Venezuela was designated for TPS in March 2021.
Yemen has been subjected to an ongoing armed conflict between the Yemeni government and a northern opposition group known as Houthis that forced the Yemeni government into exile in Saudi Arabia. TPS was first designated in March 2017.
Didn’t President Trump End TPS for Certain Countries?
President Trump moved to rescind TPS in 2017 for El Salvador, Haiti, Nicaragua and Sudan claiming that the necessity for their designations had expired. Foreign nationals in the U.S. under TPS faced the choice of leaving voluntarily or facing removal. However, this termination was challenged in federal courts in New York and California. In the California case, the district court ordered the administration not to terminate TPS. The court of appeals vacated that injunction but did not issue a ruling to the district court to that effect. Therefore, the district court’s injunction remains in place, as does the TPS designation for those countries. The New York case is awaiting an outcome of a trial on the merits of the case, but regardless, TPS will not be terminated while the injunction from the California court remains in effect.
Call Shirazi Immigration Law in Atlanta for Help With Temporary Protected Status
TPS does not grant lawful permanent residence or another immigration status, but it doesn’t prevent foreign nationals in the U.S. from applying for nonimmigrant status or certain immigration benefits. If you need help applying for TPS or understanding your rights and options as a TPS national in the United States, call Shirazi Immigration Law at 404-523-3611 or contact us online to schedule a consultation with a knowledgeable and experienced Atlanta immigration attorney.