The Secretary of Homeland Security may designate a foreign country for Temporary Protected Status due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
USCIS may grant Temporary Protected Status to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted Temporary Protected Status.
The USCIS application to complete when seeking Temporary Protected Status is form I-821.
The Secretary may designate a country for Temporary Protected Status due to the following temporary conditions in the country:
- Ongoing armed conflict (such as civil war)
- An environmental disaster (such as earthquake or hurricane), or an epidemic
- Other extraordinary and temporary conditions
Nationals of several countries may currently be granted Temporary Protected Status. These countries include: El Salvador, Haiti, Nicaragua, Honduras, Sudan, South Sudan and most recently Syria. All of these countries have been designated at different times.
Consequently, one of the requirements in order to be considered eligible for Temporary Protected Status is that applicants must file within the initial designation or file for the first time during the re-designations/extension of their country’s Temporary Protected Status status.
The additional requirements are as follows:
- Be a national of a country designated for Temporary Protected Status, or a person without nationality who last habitually resided in the designated country
- Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country
- Have been continuously residing (CR) in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for Temporary Protected Status, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case
Although the recipient of Temporary Protected Status is not granted permanent residency or citizenship, it permits work authorization in order to be legally employed in the United States.
It is important to note that certain convictions and grounds of inadmissibility may render an individual ineligible for Temporary Protected Status. It is prudent for anyone who is interested in seeking Temporary Protected Status to consult an immigration attorney before applying.
The Law Office of Susan N. Rosti, Esq. has the experience you need plus a proven track record in representing immigration, deportation and related legal cases. Attorney Rosti specializes in this area of law and understands that an individual needs a lawyer to explain their options clearly and assist them in achieving the best resolution possible. Call The Law Office of Susan N. Rosti, Esq. today at 973.883.5977 to schedule a consultation today if you are facing immigration and / or deportation issues and need representation.