Attorneys for Legal Options When TPS Ends in Los Angeles
The President of the United States, Joe Biden, has granted an extension of TPS until June 30, 2024, for countries such as El Salvador, Nicaragua, Honduras, Nepal, and Haiti. The current presidential administration has agreed to extend it for 18 more months, and all beneficiaries of this immigration status will have it automatically renewed without the need to pay any fee for the extension. Likewise, anyone who is a TPS beneficiary and wishes to have a work permit must complete Form I-765 and make a payment of $410.
Until March 19, 2025, all those who are protected under TPS (Temporary Protected Status) and who are in a pending final deportation process may reopen their case and change their status in order to obtain permanent residence. In view of this, those individuals who believe they may qualify should seek legal help with a good attorney in the city of Los Angeles who can assist them. At our law firm Progresso Legal Group, we have professionals who are experts in these types of cases and can provide the best legal guidance.
Reasons to apply for TPS
The countries that have been eligible for TPS are countries that have qualified for very extreme reasons such as natural disasters caused by hurricanes and earthquakes; temporary conditions affecting the person’s country of origin; and civil war conflicts or situations where there is a threat to personal safety.
Benefits of Temporary Protected Status
The benefits granted to those who are protected under this immigration statute are the following:
- You cannot be deported from the country.
- You may obtain authorization to travel.
- You may obtain an employment authorization document to work legally in the country.
- You cannot be detained by the Department of Homeland Security while under this immigration statute.
Considerations to keep in mind about TPS
Individuals who benefit from this program must keep in mind that this type of immigration statute is temporary and does not serve as a direct way to apply for permanent residence or a Green Card. However, immigrants who are in this program may apply for:
- Adjustment of immigration status.
- Nonimmigrant status.
- Eligibility for any other immigration benefit.
Who is eligible for TPS?
Immigrants who meet the following requirements are eligible:
- Be from one of the countries that may apply for the program.
- If they do not have nationality, they may apply if their last residence was in one of the countries that qualifies for the TPS program.
- Have been continuously and physically present within the United States since the effective date of TPS.
- Have been continuously living in the United States since the date assigned for their country of origin.
Who is not eligible for TPS?
Immigrants are not eligible if they:
- Do not meet the established period of residence within the country.
- Previously had TPS but did not re-register as required by law.
- Are involved in terrorist activities or persecution of another person.
- Are considered inadmissible under section 212(a) of the INA.
TPS in the United States for Venezuelans
Since July 2021, Venezuelans may apply for the TPS program by submitting Form I-821 (Application for Temporary Protected Status). Likewise, Venezuelans may apply for an EAD to work legally in the country by completing Form I-765 (Application for Employment Authorization together with Form I-821).
For Venezuelans to begin their process, USCIS clarified that they may submit forms online through the forms page to file electronically. In the same way, Venezuelans must create an account on the USCIS website in order to begin their process.
Requirements to apply for TPS in the United States for Venezuelans
- Have lived continuously within the country since March 8, 2021.
- Have had continuous physical presence within the country since March 9, 2021.
- Be a Venezuelan citizen or have had Venezuela as the last country of residence.
What documents are required for TPS?
- Have Form I-821.
- If requesting an EAD, have Form I-765. This form may be submitted together with Form I-821 or after submitting that form.
- If not eligible, Form I-601 must be submitted (Application for Waiver of Grounds of Inadmissibility).
In addition to these forms, Venezuelan immigrants must submit a series of documents that serve as evidence in their process. Each document that is required must be translated into English by a qualified interpreter.
TPS application process
The application process for this program is as follows.
- Submit the petition:
The first step is to submit the application with all forms completed correctly and without errors, along with the evidence required to prove eligibility and the fees that must be paid for the process. - USCIS will receive the application:
Once USCIS receives all the information, it will analyze it and, if there are no problems, proceed with the process. - Wait for USCIS to contact you:
USCIS will need to conduct a biometric process where fingerprints, photos, and signatures are taken. Minors under 14 years of age do not need to provide biometric data. This is mainly used for background checks. - Attend the ASC appointment
And present proof of nationality from your country of origin, the ASC appointment notice, the receipt notice, and the valid EAD if you have one. - After this process, USCIS will evaluate the employment authorization request:
USCIS will review all the information and later inform you whether the application was approved or not.
What is the cost of TPS?
This depends on the forms submitted:
- Form I-821: costs $50.
- Biometric services: cost $85.
- Form I-765: costs $410.
If the TPS application is denied
If USCIS denies the TPS application, the applicant may appeal. Through a notification, USCIS will inform you of the steps to follow to appeal before the Administrative Appeals Office (AAO). If the applicant is denied the right to appeal, they may present the case before an immigration judge. Likewise, the following forms may be submitted to the TPS service center.
- Form I-290B, Notice of Appeal or Motion.
- Form I-912, Request for Fee Waiver.