Applying for “Temporary Protected Status” in Nevada

1. What is “temporary protected status” in Las Vegas, Nevada?
2. Who is eligible for TPS?
3. How do you prove eligibility?

Also see our articles on deferred status (DACA) in Nevada, provisional unlawful presence waivers, and VAWA in Nevada. 

1) What is “temporary protected status” in Las Vegas, Nevada?

Temporary protected status (TPS) may be granted to certain non-citizens that are currently in the U.S. whose country has been deemed too dangerous to return to for the present. Generally, circumstances that allow for TPS include:

• Countries involved in an ongoing armed conflict;
• Countries that have experienced an environmental disaster or epidemic; or
• Countries that have experienced other types of extraordinary and temporary conditions.

After the U.S. Citizenship and Immigration Services (USCIS) conducts an initial review, individuals eligible for TPS will enjoy the following temporary protections:

• They are not removable from the U.S.;
• They can obtain an employment authorization document; and
• They may be granted travel authorization.

Being granted TPS does not prevent the individual from:

• Applying for nonimmigrant status;
• Filing for adjustment of status based on an immigrant petition; or
• Applying for any other immigration benefit or protection of which the individual may be eligible.

But note that being granted TPS does not allow for permanent resident status in the U.S.¹

2) Who is eligible for “temporary protected status”?

The following requirements must be met in order for an individual to qualify for TPS:

• The individual must be a national of a country specified as a TPS country. The individual may also qualify if he/she has no nationality, but had lived in that TPS country;
• Filing the TPS petition during a designated registration period;
• The individual must have been continuously present in the U.S. at the time of the effective start date of the most recent designation date of the country at issue; and
• The individual must have been continuously living in the U.S. since the date set for the country.

But in order to be granted TPS, the person must not have been found to have committed certain acts. The following actions, if taken, will render the individual ineligible for TPS:

• Having been convicted of any one felony or two or more misdemeanors committed in the U.S.;
• Having been found inadmissible as an immigrant under the policies set out by the Immigration and Nationality Act (INA);
• Currently subject to any bars regarding asylum;
• Having failed to meet the requirements of both physical presence and continuous residence in the U.S.;
• Having failed to meet timely registration requirements; or
• After having been granted TPS, the individual fails to consistently re-register as needed.

Foreigners should always seek out immigration attorneys to help them determine whether they are eligible for temporary protected status in the U.S.²

3) How do you prove eligibility?

When applying for TPS, the individual must be prepared to provide certain evidence in order to prove eligibility. Generally, this evidence is known as:

• identity and nationality evidence,
• date of entry evidence, and
• continuously residing evidence

This documentation offers information about the individual’s country of nationality, the time that he/she originally entered the U.S., and the length of time he/she has been present in the U.S.³

Legal References:

¹ Temporary Protected Status, USCIS.

² TPS Eligibility Requirements, USCIS.

³ Id.