New Jersey TPS Lawyer
When your country is in complete turmoil, and if your country can’t adequately facilitate your safe return, the US government may step in and provide you with a temporary safe haven in the country by granting TPS or Temporary Protected Status.
Our immigration law office is filled with attorneys representing people with immigration issues. Wherever you are, whatever your immigration dream, our mission is to provide you with the quality legal services you need to make them a reality.
Why Do I Need a TPS Lawyer in New Jersey?
In every Temporary Protected Status case, you’ll have to prove your eligibility by providing the necessary documents. But what if you’re not sure if you’re qualified or if you don’t have any of the required documents? Not only that, but there are times when your application will be declined. How do you deal with this when it happens?
All of these are just the common obstacles that one may encounter. If you want a better chance of having your application approved, choose our experienced New Jersey immigration attorney.
Our New Jersey law firm has been around for years, giving competent legal services to our clients. Our lawyers have gained skills and experience throughout the years, which has aided them in assisting our clients with their immigration concerns. In addition, they have gone through
- Drafting an immigration appeal,
- Mounting defenses in immigration court, especially when the client is subjected to deportation,
- Assisted our clients in getting into humanitarian programs (e.g., Deferred Action for Childhood Arrivals), getting immigrant or nonimmigrant visas, a green card, or U.S. citizenship, and
- Provided legal assistance and representation when our clients face certain criminal charges.
Unburden yourself by scheduling a consultation with us today!
What is Temporary Protected Status?
When a foreign country becomes temporarily incapacitated to facilitate the safe return of its citizens, the United States government, through the Department of Homeland Security, may grant TPS or Temporary Protected Status to its citizens.
Temporary protected status is a legal remedy available to nationals of TPS designated countries who are in the United States and wish to stay and work temporarily. The US Congress enacted it with the goal of providing a safe haven for foreign nationals whose country is in turmoil.
How Does the U.S. Government Designate TPS Beneficiary?
The Secretary of the Department of Homeland Security has the authority to decide which countries should be included in the TPS program. The Department makes these decisions for the following reasons:
- Natural disasters (e.g., volcanic eruptions, devastating earthquakes, floods, droughts, epidemics)
- Man-made disasters (e.g., civil wars or ongoing armed conflicts)
- Extraordinary and temporary conditions
Visit the USCIS website to see the current list of countries with TPS designation.
Who Can Qualify for a Temporary Protected Status?
Foreign nationals or habitual residents of the TPS-designated country may apply for such humanitarian remedy provided they meet the following eligibility requirements:
- Must have registered within the open initial or re-registration period. You may file late, provided you meet the requirements for the late initial filing.
- Must have been physically present (CPP) and continuously residing (CR) in the United States since your country’s most current designation date. CPP and CR exceptions are permitted for departures that are “brief, casual, and innocent.”
Please take note that the abovementioned eligibility is not absolute. This means that when you experience at least one of the conditions below, you won’t be able to apply for TPS or keep your current TPS.
- You have been convicted in the United States of any felony or two or more misdemeanors.
- You are subjected to any inadmissibility grounds for an immigrant listed in INA section 212(a).
- If you have taken part in persecuting someone in any form, including but not limited to ordering, inciting, assisting, or participating.
- You are unable to fulfill the requirements for continuous physical presence and continuous residency.
- For those granted with TPS, you fail to re-register for TPS without sufficient reason or justification.
If you are still unsure whether you qualify, then this is the time when legal advice from our NJ TPS lawyer will help you determine if you are eligible.
What Are the Benefits a TPS Holder May Enjoy?
The TPS program, like any other immigration classification or humanitarian remedy, provides certain benefits for those who are granted.
TPS holders may be eligible for the following benefits:
- Able to work and live in the United States on a temporary basis. Beneficiaries will be granted work authorization until the TPS expires.
- You are permitted to travel outside of the United States provided that you applied for a travel authorization.
- Will not be subjected to removal proceedings. This implies that TPS holders will not face deportation until their Temporary Protected Status expires. Those who are currently subjected to removal proceedings may use their TPS to avoid removal.
The prospect of removal or deportation can be stressful and confusing. If you are in this situation and qualified for a TPS, get help from our New Jersey immigration lawyer.
What Requirements Do I Need to Apply for Temporary Protected Status?
When applying for TPS, make sure to include the relevant documentation, fee, fee waiver request (where applicable), and necessary forms. Here are the things you need to attach with your TPS application:
- Form I-821 (or known as Application for Temporary Protected Status)
- Form I-765, if you want to request for an employment authorization document. This can be submitted together or separately with your TPS application form.
- Form I-601 only if any inadmissibility grounds apply to you.
You must submit document/s that:
- shows your identity and nationality (e.g., passport or birth certificate),
- shows the date of your arrival or entry in the United States (e.g., I-94 arrival), and
- demonstrates that you have been in the United States since your country’s CR date (e.g., rent or utility receipts, employment or hospital records).
How Do I Apply for Temporary Protected Status?
Submit Your Petition to the Appropriate Filing Address or Online (if applicable)
When everything is in order, you must submit the required paperwork and filing fees to the USCIS. Fortunately for you, you can submit your application online. However, make sure to check the USCIS website on a regular basis to see if there are any changes to the online application instructions for Forms I-821 and I-765.
Once the USCIS receives your application and determines that everything is all set, you will receive a receipt notice. You must keep this receipt notice since you can use the receipt number to know the status of your case.
Attend the Biometrics Appointment
The USCIS will notify you regarding your appointment for biometrics at an Application Support Center. You must present the following upon arrival:
- Any document that demonstrates your nationality and identity. The document must also have a photograph of yourself.
- The receipt notice and biometrics appointment notice issued by the USCIS
- Your employment authorization document (if applicable).
Wait for the USCIS to make a decision on your case
When you are done with your biometric appointment, all you have to do is to wait.
The USCIS adjudicates your case for EAD (if applicable) and TPS during this phase. There will be times that the USCIS will ask request for evidence (RFE) if further documents are needed to establish your eligibility.
Remember to reply to any notices or communication from the USCIS as soon as possible. This is to avoid any delays with your application or possible denial of the application.
If the USCIS is done deliberating your application, they will notify you whether your application was approved or denied.
What if the USCIS Deny my TPS Application?
The USCIS will give you a denial notice stating the reason(s) for their decision. They may also indicate if you have the right to appeal your application. If this is the case, you have 30 days to file an appeal.
When you are in this predicament, it necessitates the services of a New Jersey TPS lawyer who can give you suitable legal counsel. They will review your application and inform you of your options for appealing the denial decision.
Call our TPS Lawyer in Eatontown, NJ Now!
The founder of our law office, Andres Mejer, is an immigrant who has encountered the complexity of the immigration system, which is why we value helping you reach your immigration goal.
This can be seen in our zealously advocating for immigrants to obtain lawful permanent resident status, asylee or refugee status, and other immigration practice areas.
Our TPS lawyers in NJ speak in both English and Spanish fluently. Schedule a call with us in your preferred language. Allow us to unburden you from the complexities of your immigration journey!