Temporary Protected Status (TPS) Attorney in Hackensack, New Jersey

Temporary Protected Status (TPS) is a designation issued by the Department of Homeland Security (DHS) that allows individuals from certain countries to remain in the United States, even if they are here illegally, to live free from deportation and even obtain employment.   

A TPS designation means that the home country of these individuals is suffering from civil unrest, war, a national disaster, or something similar. In April 2022, both Ukraine and Sudan were added to the TPS-eligible list. The “temporary” part of the designation means that once the emergency in the home country is over, then so is the TPS status of its citizens residing here.   

If you believe you are eligible for Temporary Protected Status and you’re located in or around Hackensack, New Jersey, contact William J. Quirk, Esq., LLC. The immigration law attorney will help you file the necessary papers and guide you through the system set up by the United States Citizenship and Immigration Services (USCIS). The firm also helps those in Clifton, Paterson, and the West New York area. 

What Is Temporary Protect Status? 

As briefly described above, Temporary Protected Status allows those from countries affected by emergencies, such as war, civil strife, earthquakes, flooding, and more, to remain in the United States and to be protected from any fear of removal (deportation). The status also opens the door to seeking U.S.-based employment. TPS can be earned if you’re here illegally or on a visa that is about to expire or has expired. 

Countries Currently Designated for TPS 

In addition to Ukraine and Sudan, countries added in April 2022, the other TPS-eligible nations are: 

• Afghanistan 

• Burma (Myanmar) 

• Cameroon 

• El Salvador 

• Ethiopia 

• Haiti 

• Honduras 

• Nepal 

• Nicaragua 

• Somalia 

• South Sudan 

• Syria 

• Venezuela 

• Yemen 

Eligibility for Temporary Protected Status 

The first requirement, of course, is that you are a citizen of one of the countries on the TPS list. The other two requirements that you must demonstrate are your continued physical presence and continued physical residency in the United States since your country was designed for TPS. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States.  

To receive Temporary Protected Status, you must file Form I-821, Application for Temporary Protected Status, with the USCIS. When applying, you must also submit evidence of identity and nationality, evidence of date or entry into the U.S., and evidence of continuous residency.  

If you are aware of any ground for inadmissibility, you should concurrently file For I-601, Application for Waiver of Grounds of Inadmissibility. USCIS may grant a waiver of certain inadmissibility grounds for humanitarian purposes, to assure family unity, or when it is in the public interest. 

Ineligibility for TPS 

The first two bars for meeting eligibility requirements are not meeting the physical present and physical residency requirements. In addition, you can declare ineligible if:  

• you’ve been convicted of a felony or two or more misdemeanors in the United States  

• you are ineligible under Section 212(a) of the Immigration and Nationality Act (INA), which relates to criminal activity in your home country or to security risks you may pose  

• you participated in the persecution of another individual or group or incited or engaged in terrorist activities  

These bars can also result in the removal of TPS status once granted if they happen or occur after TPS approval. Also, TPS must be periodically renewed through re-registration. If you fail to re-register without good cause, you can lose your status. 

Eligibility for Concurrent Work Permit 

When you file for TPS, you can also submit Form I-765, Application for Employment Authorization. If TPS is granted, your request for employment authorization will likely be granted as well. Note, however, that there are filing fees for both the I-821 and the I-765, but if you can’t afford them, you can request a waiver by submitting Form I-912