If You’re from Ukraine or Afghanistan, You May Be Eligible for Temporary Protected Status
An Experienced Immigration Lawyer at Luis F. Hess, PLLC could help you get TPS Relief
The Department of Homeland Security recently designated Ukraine and Afghanistan for Temporary Protected Status, often referred to as TPS. That means that individuals from those countries can receive TPS benefits, including employment authorization, protection from deportation, and travel authorization.
However, to benefit from the TPS designation, you must demonstrate that you meet the qualifications. The dedicated immigration team at Luis F. Hess, PLLC is ready to help document your eligibility so that you can receive all available benefits from TPS status.
The Department of Homeland Security designates countries for Temporary Protected Status when they determine that temporary conditions in the country make it unsafe for nationals to return. These conditions could include wars and other armed conflict, environmental disasters such as hurricanes, epidemics, or other extraordinary circumstances.
When a country is designated for TPS, then nationals from that country, as well as individuals with no nationality who last lived in that country, can apply for TPS relief if they are already located in the United States at the time of the designation. If someone is granted TPS relief, they cannot be detained on the basis of immigration status during the period when TPS is in effect.
TPS relief is temporary and does not, on its own, provide individuals with immigration status. However, someone who registers for TPS can still apply for immigrant status or other benefits and protections if they meet the qualifications.
Who is Eligible to Register for TPS?
Understanding who is eligible for TPS can be confusing. The program is temporary and has limited eligibility periods, although in some cases eligibility is extended by court action.
Generally, the requirements to seek TPS relief include:
- You must be from Ukraine, Afghanistan, or another country designated for TPS
- You must register during the registration periods designated by authorities
- You must have been continuously present in the U.S. since the effective date of the most recent designation of your country
- You must have continuously resided in the U.S. since the date specified for your country. (The Department of Homeland Security issues a bulletin with the applicable dates—for Ukraine, the key date is March 1, 2022 and for Afghanistan, the key date is March 15.)
- You must not have committed an act that makes you ineligible for TPS relief
Individuals are considered ineligible for TPS if they have been convicted of a felony or two misdemeanors in the U.S., are inadmissible for actions such as criminal or terrorist activity, or if they don’t meet the physical presence and residence requirements. Additionally, if someone is granted TPS and fails to re-register without good cause, they may not be eligible for relief in the future.
An Immigration Attorney Can Help You File for TPS
When you file for TPS relief, you may need to show not only that you qualify, but also that there are no valid grounds that would prevent you from qualifying. This can be a challenge, so many applicants choose to work with an experienced immigration lawyer in the process.
At the law office of Luis F. Hess, PLLC, we can help you register or re-register for TPS so that you can remain in the U.S. legally, gain work authorization, and enjoy other benefits. Contact us today to learn more about how we can help.