Temporary Protected Status (TPS) in Long Island, NY: Your Path to Safety

In an uncertain world, having stability and security can be invaluable, especially for those far from home in a foreign land. For many residents of Long Island, New York, Temporary Protected Status (TPS) provides that crucial lifeline. The recent Department of Homeland Security announcement on TPS eligibility has brought new hope and relief to qualifying individuals.

Temporary Protected Status, commonly known as TPS, is a vital immigration program designed to offer refuge to eligible individuals who face extraordinary and temporary conditions in their home country, such as armed conflict, natural disasters, or other exceptional circumstances. It’s granted under the Immigration and Nationality Act (INA), providing temporary immigration status to those in need.

The recent extension of TPS profoundly impacts the lives of many living on Long Island. It offers them protection and an opportunity to rebuild their lives in a land they now call home. In this blog, we’ll explore what TPS entails, how it applies to Long Island residents, and the invaluable support an immigration lawyer in Long Island can provide throughout this essential process.

What is Temporary Protected Status (TPS)?

The Secretary of Homeland Security has the authority to grant TPS to nationals of foreign countries experiencing conditions that make it dangerous or impractical for them to return, such as armed conflict or environmental disaster.

Individuals who are already residing in the United States when their home country receives a TPS designation may apply for protections if they meet eligibility criteria. Stateless persons who last lived in a newly TPS-designated nation can also qualify.

TPS provides recipients with legal status, protection from deportation, and work authorization for a limited period, removing the requirement to leave the U.S. when their visas expire. Protections are subject to periodic review and renewal by DHS.

Reasons for TPS

The Secretary may grant Temporary Protected Status (TPS) to countries experiencing the following temporary conditions:

• Ongoing armed conflict or civil unrest
• Environmental disasters
• Medical or health crises
• Other extraordinary and temporary conditions

Advantages of TPS

TPS offers a range of significant benefits to eligible individuals, providing them with protection, authorization, and opportunities during a period of temporary refuge in the United States.

• Employment Authorization Document (EAD)
• Protection from removal/deportation
• Protection from detention by DHS
• Dismissal of ongoing removal proceedings
• Advance parole (Permission to travel)
• Pathway to other forms of relief: TPS does not preclude an individual from pursuing other avenues of immigration relief, such as asylum, cancellation of removal, family sponsorship, or labor certification. TPS status does not affect the eligibility or processing of other immigration applications.

TPS: The Recent Announcement

On June 13, 2023, the Department of Homeland Security (DHS) announced that they rescinded the prior administration’s terminations of TPS designations for several countries. This decision brings hope and relief to many individuals living in Long Island, extending TPS for 18 months, from January 6, 2024, through July 5, 2025.

This extension allows existing TPS beneficiaries to re-register and retain their status if they continue to meet the eligibility requirements. If you are an existing TPS beneficiary and wish to extend your status through July 5, 2025, you must re-register during the 60-day re-registration period from November 6, 2023, through January 5, 2024.

Eligible TPS Countries:

• Honduras
• El Salvador
• Haiti
• Ukraine
• Nepal

Eligibility Requirements for TPS

To be considered eligible for Temporary Protected Status (TPS), individuals must meet the following criteria:

• An individual must be a citizen of a country that has been entitled to TPS by the DHS. Individuals who are stateless but who last habitually resided in a designated TPS country may also potentially be eligible.
• Applicants must file for TPS during the designated registration period, either the initial registration or a subsequent re-registration period. Late initial filing may be permissible under certain circumstances during an extension of their country’s TPS designation.
• Each designated country has specific continuous physical presence requirements that applicants must meet. These requirements typically involve demonstrating continuous presence in the United States since a specified date, often tied to the country’s TPS designation date.
• Each designated country also has specific continuous residence requirements that applicants must meet. These requirements typically involve demonstrating continuous residence in the United States since a specified date, often tied to the country’s TPS designation date. Note that some limited exemptions may apply to certain individuals.

Ineligibility and Disqualification for TPS

There are several reasons an individual may be ineligible or disqualified from obtaining TPS:

• Being convicted of any felony or two or more misdemeanors while in the United States.
• Falling under any of the inadmissibility grounds laid out in section 212(a) of the Immigration and Nationality Act (INA), including criminal and security-related grounds that cannot be waived.
• Triggering any of the mandatory bars that would make an asylum application unsuccessful.
• Failing to meet the requirements for continuous physical presence and continuous residence in the United States.
• Not properly registering for initial or late initial TPS as required.
• Being granted TPS but then failing to re-register within required timeframes and without good cause.

 How an TPS Immigration Lawyer in Long Island Can Assist

Navigating the intricacies of immigration law and TPS applications can be challenging, especially in a new land. This is where an experienced immigration lawyer in Long Island becomes invaluable. They can help you with:

• Understanding Eligibility: An immigration lawyer will assess your situation to ensure you meet the eligibility criteria for TPS in Long Island.

• Application Assistance: They will guide you through the TPS application process, ensuring all necessary documents and forms are correctly filed and submitted.

• Re-Registration: For existing TPS beneficiaries in Long Island, timely re-registration is essential. Your attorney will help you complete this crucial step.

• EAD Application: TPS beneficiaries can obtain Employment Authorization Documents (EADs). Your lawyer will assist in obtaining these documents so you can work legally in Long Island and the United States.

• Travel Authorization: Sometimes, TPS beneficiaries may apply for and be granted travel authorization. Your attorney can help you navigate this process.

Secure Your Future with TPS in Long Island, NY

Temporary Protected Status is more than just a legal designation; it’s a lifeline for individuals facing extreme challenges. The recent extension of TPS brings hope and security to many Long Island, New York residents.

If you or someone you know may be eligible for TPS in Long Island, don’t hesitate to seek guidance from an immigration lawyer who understands the local landscape. They have the knowledge and experience to help you secure your future and protect your rights under TPS.

At Roche Law Group, P.C., our dedicated immigration lawyer in Long Island can assist you every step of the way. Contact us today to learn more about how TPS in Long Island, NY, can offer you the protection and stability you deserve. Your journey to safety begins here.