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USCIS Requirements for TPS Holders in the USA

- Kesia Yoon
- March 8, 2023
Holders of Temporary Protected Status (TPS) in the US must abide by the rules established by the USCIS. Considering how frequently policies and regulations change, it’s crucial for TPS holders to be informed of the most recent developments.
TPS is a type of immigration relief that provides brief protection to qualifying people who are already in the nation but are unable to leave it securely due to events like armed conflict or natural disasters. If they fulfill all criteria for the program, people with TPS might be able to keep on living and working in the United States, as well as get travel authorization and other perks.
What is Temporary Protected Status (TPS)?
Depending on the circumstances in the applicant’s country of origin, the Secretary of the Department of Homeland Security may issue temporary protected status (TPS), which may provide a work permit and protection from deportation. This program was developed to provide protection for foreign-born people who are unable to travel back to their native countries without risk due to armed conflict, other calamities, or natural catastrophes.
TPS is granted when the Secretary of Homeland Security judges that the country’s conditions make it impossible for citizens to return there safely and that it is currently unable to manage their return. It permits qualifying foreign-born residents of the United States to stay there without fear of removal for a predetermined amount of time until circumstances in their home countries allow them to return safely.
Overview of USCIS Updates for TPS Holders
The requirements for those with Temporary Protected Status (TPS) have recently undergone a number of adjustments, according to the U.S. Citizenship and Immigration Services (USCIS). TPS recipients from a variety of nations, including El Salvador, Honduras, Haiti, and Nicaragua, will be impacted by these changes.
TPS beneficiaries going outside the country will begin receiving a new travel authorization document on July 1, 2022. Any old travel documents issued under TPS will be replaced by this new document.
Furthermore, the criteria for changing from TPS to permanent residency have been modified by the USCIS. Certain TPS holders may now change their status to permanent residency under the new legislation if they satisfy specific requirements.
TPS is a temporary immigration status offered by the U.S. government to citizens of specific nations who are impacted by unforeseen or extraordinary events that make it difficult for these citizens to travel safely home or stay in their home country for an extended amount of time. These extraordinary circumstances frequently include armed conflict or natural calamities that have left their native countries in utter devastation and disorder.
The Impact of USCIS Requirements on TPS Holders
USCIS is revising its instructions to make sure that those with Temporary Protected Status (TPS) can go overseas temporarily with permission. For TPS holders, this new instruction has a number of ramifications.
- A new TPS travel authorization document being issued by USCIS will take the place of the traditional procedures needed for TPS holders to get authorization. This implies that individuals with TPS will no longer be required to re-enter the United States by a specific date or provide extra documentation as confirmation of authorization.
- Even if they have previous approval, USCIS will stop using advance parole for TPS recipients starting in July 2022, which would affect individuals who travel abroad.
Now, rather than being able to acquire advance parole, they will need to apply for a new nonimmigrant visa before flying overseas temporarily. This move adds another degree of complexity for people considering international travel in the near future. To safeguard their status and remain in accordance with US law in light of this development, it is crucial that all TPS holders stay informed about their rights and obligations surrounding these new USCIS criteria.
Tips for Understanding and Abiding by the USCIS Requirements
Knowing the USCIS requirements for TPS holders can be challenging, but with the following advice, you can make sure that you follow the guidelines:
- Read the Instructions Carefully: Applicants seeking TPS can find comprehensive information on the USCIS website. Before submitting your forms, make sure you have read them well and comprehend each step in the application procedure.
- Consider Seeking Professional Advice: It is essential to obtain legal counsel from an immigration lawyer or attorney who focuses on TPS applications if you are unclear about any of the requirements or have concerns about filling out a particular form. They can help you submit all of your paperwork accurately and on time, and they can offer helpful advice.
- Keep Up to Date With Updates: It is crucial to keep up with any new changes because USCIS routinely updates its standards. To ensure you don’t miss any significant changes, check the USCIS website frequently for updates or sign up for email notifications.
What Are the Limitations & Pay Attention to Expiration Dates for TPS?
TPS holders must be aware of certain restrictions and keep track of the expiration dates on documents like their Employment Authorization Documents (EADs) and other TPS-related documents if they want to be current with their USCIS obligations.
Recently, the Department of Homeland Security (DHS) stated that the validity of Employment Authorization Documents and other TPS-related documents will be automatically extended through June 30, 2024. Current TPS recipients must also re-register during the 60-day window following the card’s expiration date.
It’s crucial to keep in mind that Employment Authorization Document applications (Form I-765) may be submitted up to 180 days prior to the expiration of an existing EAD. It is advised that you submit your Form I-765 renewal at least 90 days before it expires to prevent any issues.
Support Systems Available for TPS Holders With Questions About USCIS Requirements
To assist TPS holders in understanding their needs and the most recent developments, USCIS is providing a number of materials. The USCIS website has forms and instructions for requesting a travel authorization document or an employment authorization document, as well as comprehensive information regarding the TPS registration procedure in numerous languages (EAD). Also, the organization offers a customer care department where candidates can email or contact with inquiries concerning their applications.
Furthermore, USCIS has collaborated with a number of organizations to offer online webinars and workshops in numerous languages that might offer extra direction and support. These groups can respond to inquiries concerning the application procedure and other crucial subjects because they are familiar with the most recent modifications to the TPS program.
Common Mistakes TPS Holders Make
TPS holders commonly misunderstand their status because it can be difficult to keep up with the requirements. TPS holders must adhere to their obligations to avoid legal and financial issues.
The most common mistakes TPS holders make are:
- Getting a Document for Employment Authorization (EAD). Although EADs are an option for some TPS holders, they are not necessary and must be requested separately.
- Granting status to distant relatives. Unfortunately, TPS holders cannot grant their immigration status to any family members living abroad; instead, they must submit a new application for consideration.
- Use TPS as justification for sponsoring someone else’s entry into the country. This is not permitted; the only people who may apply for the entry of sponsored immigrants or other family members are citizens or holders of Green Cards.
FAQs on USCIS Requirements for TPS Holders
To help TPS holders stay current with the most recent regulations, the United States Citizenship and Immigration Services (USCIS), the government agency in charge of enforcing immigration rules, has issued a list of frequently asked questions (FAQs). The FAQs include details on subjects like eligibility, application methods, and biometrics.
USCIS requirements for TPS holders in the USA;
- What is Temporary Protected Status (TPS)?
- Am I eligible to apply?
- What documents do I need to apply?
- How can I file an application?
- How long will it take for my application to be processed?
- What are the biometric requirements?
TPS holders can get a better grasp of their rights and responsibilities under US immigration law by having access to these FAQs. They may also guarantee that their applications are handled accurately and promptly.
It is crucial for TPS recipients to stay informed about changes to immigration laws that affect them. The new USCIS criteria for TPS holders who are residing in the US is the most crucial thing to be aware of because the regulations have changed. TPS cardholders must reapply before their cards expire. To make sure that their rights and privileges are completely preserved, TPS holders should frequently check the USCIS website for updates and changes to the immigration rules.