Temporary Protected Status

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Chicago Immigration Attorneys - Temporary Protected Status

Our Chicago immigration lawyers can help you decide whether you qualify for Temporary Protected States.

Secretary of Homeland Security Janet Napolitano designated Syria for Temporary Protected Status (TPS) for a period of 18 months.

The registration period starts on 3/29/2012 and will end on 9/25/2012.  If you are Syrian or last habitually resided in Syria and wish to see if you qualify for TPS, contact our office. 

DHS Grants Temporary Protected Status for Haitians and habitual residents of Haiti

The Department of Homeland Security (DHS) Secretary, Janet Napolitano, has determined that an 18-month designation of Temporary Protected Status (TPS) for Haiti is warranted because of the devastating earthquake and aftershocks which occurred on January 12, 2010. As a result, Haitians in the United States (and other individuals without nationality who last habitually resided in Haiti) are unable to return safely to their country, will be eligible to apply for TPS and work authorization.

Temporary Protected Status Requirements

The TPS is a remedy by which the Department of Homeland Security may allow otherwise removable aliens to remain in the United States because of their nationality or world region of nationality. To be eligible for a TPS, an alien must meet the following requirements:

  1. the alien must be a national of the TPS country or if the alien has no nationality, to be a habitual resident of this country
  2. the alien must have been continuously physically present in the United States since the effective date of the TPS designation of the country
  3. the alien must have resided continuously in the U.S. since the date designated by the Secretary of Homeland Security
  4. the alien must be admissible as an immigrant, except that certain requirements do not apply and other requirements may be waived
  5. the alien must not have been convicted of any felony or two or more misdemeanor, and not be a danger to the United States security.

During a designated period, eligible individuals:

  • Are not removable from the United States
  • Cannot be detained by DHS
  • Can obtain an employment authorization document (EAD)
  • May apply for travel authorization

Although having TPS, by itself, does not lead to permanent resident status (a green card), a TPS beneficiary may immigrate permanently under another provision of law if qualified.

Aliens, who wish to apply for TPS, must bring as many document as possible from the following checklist:

Evidence of identity and nationality.

Each applicant must submit evidence to prove identity and nationality. If these documents are not available, the alien can provide secondary evidence.

Evidence of identity and nationality can be demonstrated by the following:

  • Passport;
  • Birth certificate accompanied by photo identification; and/or
  • Any national identity document from the alien's country of origin bearing photo and/or fingerprint.
Proof of residence.

Evidence to establish proof of continuous residence in the United States during the requisite period of time may consist of any of the following:

Employment records, which may consist of pay stubs, W-2 Forms, certification of the filing of Federal, State, or local income tax returns; letters from employer(s) or, if the
  • applicant has been self employed, letters from banks, and other firms with whom he or she has done business. Letters from employers must be in affidavit form, and must be signed and attested to by the employer under penalty of perjury. Such letters from employers must include alien's address(es) at the time of employment, exact periods of employment, periods of layoff, and job duties.
  • Rent receipts, utility bills (gas, electric, telephone, etc.), receipts, or letters from companies showing the dates during which the applicant received service;
  • School records (letters, report cards, etc.) from the schools that the applicant or his or her children have attended in the United States showing name of school and period(s) of school attendance;
  • Hospital or medical records showing medical treatment or hospitalization of the applicant or his or her children, showing the name of the medical facility or physician as well as the date(s) of the treatment or hospitalization;
  • Attestations by churches, unions, or other organizations of the applicant's residence by letter which identifies the applicant by name, is signed by an official whose title is also shown, shows inclusive dates of membership, states the address where applicant resided during the membership period, includes the seal of the organization impressed on the letter or is on the letterhead of the organization, if the organization has letterhead stationery, establishes how the attestor knows the applicant; and establishes the origin of the information being attested to.

Additional documents to support the applicant's claim, which may include:

  • Money order receipts for money sent in or out of the country;
  • Passport entries;
  • Birth certificates of children born in the United States;
  • Bank books with dated transactions;
  • Correspondence between the applicant and other persons or organizations;
  • Social Security card;
  • Selective Service card;
  • Automobile license receipts, title, vehicle registration, etc.
  • Deeds, mortgages, contracts to which applicant has been a party;
  • Tax receipt;
  • Insurance policies, receipts, or letters; and/or
  • Any other relevant document.
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