We resolve the main doubts of beneficiaries of Temporary Protected Status

Acceso Latino provides you with important information about the Temporary Protected Status that the United States offers to migrants from some countries.

Temporary Protected Status (TPS) is granted by the Department of Homeland Security (DHS) to countries that are experiencing an armed conflict, have suffered a natural disaster or an epidemic or other extraordinary temporary conditions. In this way, citizens of those countries can enter the US with a TPS permit, with the assurance that they will not be deported, they have travel authorization and can also obtain an employment authorization document (EAD).

Currently the countries of the American continent whose citizens can request this status are: El Salvador, Haiti, Honduras, Nicaragua and Venezuela.

Here are some of the most common questions TPS recipients have.

1. Can I travel abroad?

It is possible to leave the US, however, it is recommended that it only be done for emergency reasons or to carry out some procedure. Before doing so, it is necessary to obtain a travel permit, which can take up to five months. However, having one does not guarantee entry back to the United States, since that will depend entirely on an agent of the CBP (Office of Customs and Border Control), and more if you have a deportation order in force.                             

2. What happens if I leave the country without permission?

The USCIS does not give you the green light to travel and you also have a deportation order, they could apply the Punishment Law, which consists of punishing you with 3 years outside the country if you spent more than 180 days being undocumented and up to 10 years if you stayed more than a year.    

3. If I have TPS, can I request residency?

As USCIS explains, TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status.

4. My employment authorization card is about to expire, do I have to get a new one?

No, you do not have to obtain a new EAD in fact, it would be illegal if your boss tries to fire you because your permit expires before October 4, 2021. In case he tries that, you can show him a copy of this federal decree available in the following link: https://www.federalregister.gov/documents/2020/12/09/2020-27154/continuation-of-documentation-for-beneficiaries-of-temporary-protected-status-designations-for-el  

You could also apply for a replacement permit, but it is not necessary: https://www.uscis.gov/sites/default/files/document/forms/i-765.pdfv.                             

5. I do not have TPS, but I am from a country with this right, can I request it?

Yes it is possible, but you have to explain why you did not do it in the last registration period. To be able to do this, you must have arrived in the US before the cut-off date for your country, Venezuela and Haiti have been the last countries in America to be considered for TPS:

  • El Salvador: Continuous residence in the United States since February 13, 2001. Continuous physical presence in the United States since March 9, 2001.
  • Haiti: Continuous residence in the US since July 29, 2021. Continuous physical presence in the US since August 3, 2021.
  • Honduras: Continuous residence in the United States since December 30, 1998. Continuous physical presence in the United States since January 5, 1999.
  • Continuous residence in the United States since December 30, 1998. Continuous physical presence in the United States since January 5, 1999.
  • Venezuela: Continuous residence in the US since March 8, 2021. Continuous physical presence in the US since March 9, 2021. Applications must be submitted before September 9, 2022

If you want to know more, go to the following USCIS link: https://www.uscis.gov/humanitarian/temporary-protected-status

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