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Examining the opportunities afforded to TPS beneficiaries - II

Last week, we started exploring the circumstances under which the Secretary of Homeland Security can officially designate a foreign nation for temporary protected status and what this step means as far as immigration matters are concerned for those who call this foreign nation home.

In today's post, we'll continue this discussion, focusing on the eligibility requirements that must be satisfied in order for a person to be extended TPS by U.S. Citizenship and Immigration Services.

Both citizens of the nation in question and those who aren't citizens yet "habitually resided" in the nation in question are eligible for TPS if:

  • They file the necessary documentation (Form I-821, Application for Temporary Protected Status and Form I-765, Application of Employment Authorization) during the open initial registration or re-registration period, or otherwise meet applicable late filing requirements.
  • They have been continuously physically present in the U.S. since the most recent TPS designation date for their country.
  • They have been continuously residing in the U.S. since the most recent TPS designation date for their country.

It is worth noting that brief, casual and innocent departures from the U.S. are recognized as an exception to the continuous residence and continuous residence requirements.

Conversely, both citizens of the nation in question and those who aren't citizens yet "habitually resided" in the nation in question are ineligible for TPS if:

  • They have been convicted of a felony or two-plus misdemeanors in the U.S.
  • They are subject to any of the mandatory bars to asylum.
  • They are found inadmissible under grounds set forth in the Immigration and Nationality Act.
  • They fail to meet the continuous residence and continuous residence requirements.
  • They fail to meet initial registration requirements.
  • They fail to re-register absent a showing of good cause.

Consider speaking with an experienced legal professional as soon as possible if you have questions regarding TPS or have other pressing immigration-related concerns.

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