TPS Attorneys in Nassau County NY
There are instances in which the Secretary of Homeland Security feels it is necessary to issue Temporary Protected Status (TPS) to a foreign country. This means that the United States will allow certain eligible individuals who were already in the country to remain here for a longer period of time due to unsafe conditions in their country of origin. If you or a loved one are concerned about your eligibility for Temporary Protected Status, it is important to speak with an experienced immigration law attorney who can assess your situation and help you determine where you stand. The legal team at Nassau County Immigration Law Group can answer any questions you may have about your immigration status. Contact our office today to discuss your case.
What is TPS?
Temporary Protected Status (TPS) is a designation that certain foreign nationals are granted, allowing them to remain in the United States for a longer period of time until it is safe for them to return to their home country. Currently, the countries that have been designated for TPS include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen. Some of the reasons that a country may be designated for TPS by the Secretary of Homeland Security include the following:
- The country has an ongoing armed conflict, including civil war
- An environmental disaster, such as a hurricane or an earthquake
- A health epidemic
- Other conditions that are both extraordinary and temporary
When an individual has been granted TPS, they are still able to apply for non-immigrant status, file for an adjustment of status, and apply for any other immigration benefit or form of protection that he or she may be eligible for. When a person becomes a TPS beneficiary, they are protected from removal from the United States, can obtain an Employment Authorization Document, and may be granted travel authorization.
TPS Eligibility Requirements
Of course, there are eligibility requirements that individuals must meet if they want to benefit from TPS. The first step to being eligible is to be a national or a habitual resident of a country that has received TPS designation. Other eligibility requirements include the following:
- That you have been continuously physically present in the United States since the date in which your country has received its most recent TPS designation
- That you have been continuously residing in the United States since the date that has been specified for your country
- That you file during the open initial registration or re-registration period. Some individuals may be able to file during the late initial filing if their country’s TPS designation has been extended
It is important to be aware that anyone who has been convicted of a felony or at least two misdemeanors in the United States is not eligible for TPS. There are a variety of other factors that may terminate your eligibility for TPS, so it is important to speak with an experienced attorney about your situation.
TPS Litigation
Currently, throughout the U.S. there is a lot of litigation regarding TPS status. The main issues is once TPS is granted does that confer a legal admission to the U.S. If it does, then those individuals who have been granted TPS would be eligible to file for adjustment of status if eligible. The 6th and 9th circuits have ruled that TPS is a legal admission to the U.S. If it is an admission, and the individual has not traveled on an Advance Parole, then the individual arguable is eligible to adjust status in the U.S. as the 6th and 9th circuits have ruled. Please contact Nassau County Immigration Law Group to discuss this complicated issue in greater detail.
Contact a Nassau County Immigration Attorney
Anyone who may be wondering whether they qualify for protection under TPS should speak with an experienced team of attorneys who can help determine whether they are qualified. If you are in this situation, you can count on the attorneys at the Nassau County Immigration Law Group to represent your interests and explain your options. Contact our office today to learn how we can assist you.