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If you are applying for TPS for the first time, you must complete USCIS Form I-821 (Application for Temporary Protected Status) and submit a filing fee, supporting evidence of identity and nationality, proof of residence, and, if you are age 14 or older, a fee for biometric services. If you are between the ages of 14 and 65 and want employment authorization, you should also complete and submit USCIS Form I-765 (Application for Employment Authorization) with the appropriate fee. Applicants who already have or do not wish to receive employment authorization still must submit a completed USCIS Form I-765 with their Form I-821, but without the accompanying fee. If you are over the age of 14, you will be called by the USCIS for biometrics after you send in your application. If you are granted TPS, you must re-register with the USCIS for each period that your TPS benefits are extended.
To be eligible for TPS a person must:
Exceptions to the continuous physical presence and residence include brief, casual and innocent absence due to emergency or extenuating circumstances outside the TPS applicant’s control. Certain factors affect TPS eligibility, including:
The Secretary of Homeland Security may designate a country for TPS for the following conditions:
Seven (7) countries are currently designated for TPS and include: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan.
The answer depends on whether the problem involves a visa, a petition requesting permission to enter the United States, or labor certification.If the problem involves a visa, it probably involves the Department of State, which is the only federal agency than can issue a visa. There are two types of visas:
If the problem involves a petition requesting permission to enter the United States as an immigrant, or under certain circumstances, as a nonimmigrant, such as for employment or as a fiancé, the situation involves USCIS. If the problem involves labor certification, it involves the Department of Labor.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified temporary protected status lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local temporary protected status attorney to discuss your specific legal situation.