TPS

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HOW TPS CAN BE LOST

Meta description: After gaining temporary protected status, you need to maintain it. Certain errors could lead to the loss of your TPS. Contact us for guidance!

What Is TPS?

TPS is known as the Temporary Protected Status. It is a safety net provided by the Secretary of the Department of Homeland Security for U.S. residents. It strictly applies to U.S. residents who are lawful citizens of certain countries struggling with armed conflict or extreme hardship (e.g. natural disaster.)

Where the safe return of these foreign nationals is not guaranteed, TPS allows them to remain in the U.S. for a limited period. Although it is a great benefit, TPS eligibility is limited. At the moment only citizens from ten countries are eligible for temporary protected status.

Citizens of these countries can apply:

  • Haiti,
  • Syria,
  • El Salvador,
  • Nepal,
  • Honduras,
  • Yemen,
  • Somalia,
  • Sudan,
  • Nicaragua, and
  • South Sudan.

Who is Eligible for TPS?

Only citizens of temporary protected status designated countries are eligible. This follows the decision of the Department of Homeland Security. The DHS reserves the power to assign temporary protected status to any country and its citizens. Moreover, the basis for this designation will be based on three factors;

  • Ongoing armed conflict,
  • Environmental disaster,
  • Epidemic or any other extreme condition suffered by such a country.

Furthermore, eligibility for temporary protected status is determined by registration. Only persons who register or re-register at the appointed time will be considered. It also applies to persons who have been continuously residing in the U.S. since the temporary protected status designation of their country.

How TPS Be Lost?

You will lose your temporary protected status if you fall under any of these categories;

Conviction of felony or two or more misdemeanor in the United States; A beneficiary with a criminal record in the U.S. will lose their TPS. An applicant who has a history of conviction will be ineligible for temporary protected status.

Any grounds of inadmissibility according to section 212(a) of the Immigration and Nationality Act (INA), especially criminal and security related grounds; the Department of Homeland Security never takes matters of security lightly. So, any person with criminal affiliation or history would be ineligible for temporary protected status.

Subjection to any mandatory bars to asylum due to participation in persecution, inciting and/or participating in terrorist activity; being a free nation that respect the liberties of its people, the United States frowns against acts of persecution or terrorism. So, a person who has persecutory or terrorist affiliation cannot gain U.S. entry. Such a person cannot obtain temporary protected status.

Failure to meet the continuous physical presence and continuous residence requirements; To obtain and maintain TPS, an applicant must ensure continued physical presence in the U.S. since the effective date for the country in question; applicants must also ensure continued residence in the U.S.

    However, there is an exception. Applicants who can prove any absences from the U.S. are brief, casual, or innocent may maintain their TPS.

Failure to meet the temporary protected status registration requirements; errors in applying for TPS automatically results in rejection. Hence to obtain temporary protected status, you must meet all registration requirements.

Failure to re register for temporary protected status without tangible reason; each designated TPS country has its unique TPS duration. Hence, failure to re register on time and without genuine reason would lead to the loss of TPS.

Can I Get A Green Card While In Temporary Protected Status?

Importantly, TPS can, in certain situations, lead to permanent residence (a green card.) Whether you’ll qualify is a complicated question, but we have successfully adjusted the status of many TPS holders, some of whom are now citizens of the United States! Want to find a way? Call us!

Get It Right The First Time! Contact Us!

You don’t have to lose your temporary protected status if you don’t want to. You will, however, lose it if you do not register or re-register at the right time. Errors in application also yield rejection and an avoidable repeat of the registration process.

Time and accuracy are of utmost importance, and that’s what we’re all about.

With a special focus on all things immigration, we at HMA Law Firm Virginia, are ready to help. We will ease your TPS registration, and also provide guidance on its maintenance.

So, book an appointment with our experienced immigration attorneys today.

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