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New York Temporary Protected Status Lawyer

Temporary Protected Status

Temporary Protected Status (TPS) is conferred on a nationality because of ongoing strife, natural disasters or civil war in a particular country.  TPS is humanitarian in nature like asylum but differs in that the individual does not meet the legal definition of a refugee.  Accordingly, TPS is essentially a temporary form of asylum in that it is just that – a temporary status.

Unlike asylum, it does not lead to permanent resident status.  The length a particular country receives TPS is designated for periods of 6 months to 18 months and can be extended if the conditions in the country does not change.

Individuals from Honduras and Nicaragua who entered the United states before December 1999 currently are in TPS due to the effects of Hurricane Mitch.  Many people from El Salvador are also in the United States due to TPS based on a 2001 earthquake.  Additionally, other countries have designated TPS status including Haiti, Yemen, Syria and several African nations including Sudan, Sierra Leone, and Somalia.

Eligibility and TPS Registration

A person with TPS may reside and work in the United States and apply for advance parole and thus travel abroad.  TPS is not available for an individual who recently entered the United States.  Instead, TPS is available for those individuals from the particular country who were in the United States before the TPS designation period.

An individual with a felony conviction or convictions of two or more misdemeanors are not eligible for TPS.  Additionally, a single conviction for a controlled substance offense may make one ineligible.

TPS Denial Review Authority

Whenever a person registers for TPS, information that DHS uses may be used to commence deportation against the individual in the event of a denial or expiration of TPS.  If an individual applies for TPS and is denied, the Administrative Appeals Office (AAO) has appellate review authority over the denial.

However, if the basis upon which the denial also forms the grounds of deportability a Notice to Appear charging document may be issued with the denial and the TPS applicant could seek to renew the application to the Immigration Judge.  The TPS applicant would not be able to appeal to the AAO.  Individuals with previous criminal dispositions should seek legal advice before applying for TPS.  Allow the Law Firm of Kyce Siddiqi to assess your case and help you with your application.