Can You Apply for TPS While in Removal Proceedings?

Understanding Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is a temporary immigration status provided by the United States to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to return. These problems can include ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. When someone is in removal proceedings, they are undergoing a process in immigration court to determine whether they should be deported from the United States. This can be a stressful and uncertain time.

Eligibility for TPS While in Removal Proceedings

One crucial piece of information that is comforting to many is that you can apply for TPS even if you are in the midst of removal proceedings. Being in removal proceedings does not automatically disqualify you from being eligible for TPS. In fact, many immigrants have successfully applied for and received TPS while they were undergoing removal proceedings.

Basic Eligibility Requirements

The eligibility requirements for TPS include:

1. Nationality: Being a national of a designated TPS country.

2. Continuous Physical Presence: Having been continuously physically present in the U.S. since a specific date.

3. Continuous Residence: Having continuously resided in the U.S. since a certain date.

These dates and the list of TPS-designated countries are determined by the Department of Homeland Security (DHS) and can change over time.

The Application Process

If you decide to apply for TPS while in removal proceedings, you will need to follow the standard process for applying, but with some additional considerations due to your status.

Completing Form I-821

The first step is completing Form I-821, Application for Temporary Protected Status. This form is the backbone of your TPS application.

Supporting Documents

You will need to submit required supporting documents along with Form I-821:

1. Proof of Nationality: This can include a passport, birth certificate, or national identity document.

2. Proof of Identity: Such as a passport or any other government-issued ID.

3. Evidence of Continuous Residence and Physical Presence in the United States: Documents like utility bills, rent receipts, or employment records.

Additionally, you will likely need to submit Form I-765, Application for Employment Authorization, if you want to work while your TPS application is being processed.

Communication with USCIS and Immigration Court

Since you are in removal proceedings, it is crucial to communicate with both U.S. Citizenship and Immigration Services (USCIS) and the immigration court. When you submit your TPS application, you should also notify the immigration judge and present proof of your pending application.

Possible Outcomes and Consequences

Approval of TPS Application

If your TPS application is approved:

1. Temporary Stay of Deportation: You are granted a temporary stay of deportation.

2. Work Authorization: You can legally work in the United States.

3. Duration: This status lasts for the duration of the TPS designation for your country.

However, it’s important to note that TPS does not provide a direct pathway to permanent residency or citizenship.

Denial of TPS Application

If your TPS application is denied:

1. Explore Other Options: You will need to explore other options, potentially including other forms of relief from deportation.

2. Continuation of Removal Proceedings: Your removal proceedings will continue normally.

The Role of an Immigration Attorney

Navigating the complexities of applying for TPS while in removal proceedings can be daunting. Working closely with an immigration attorney can help you understand your rights and options fully. An immigration attorney can aid you in filling out forms correctly, gathering necessary documents, and communicating effectively with both USCIS and the immigration court.

Impact on Removal Proceedings

Pending TPS Application

Having a pending TPS application does not stop removal proceedings, but it can impact their progress. An immigration judge may decide to delay the proceedings until there is a decision on your TPS application.

Approval

If TPS is approved, the immigration judge might manage your case differently considering your new status.

Consult Legal Advice

It is always recommended to consult with a knowledgeable immigration attorney to navigate this complex process.

Conclusion

Applying for TPS while in removal proceedings can be a viable option for many immigrants. It provides a temporary safeguard, allowing you to stay in the United States legally and work while awaiting the outcome of your application and removal proceedings. As always, consulting with a knowledgeable immigration attorney is recommended to navigate this complex process.

FAQs

1. Can removal proceedings stop if my TPS application is approved? No, removal proceedings do not automatically stop if your TPS application is approved. However, the immigration judge may handle your case differently based on your new status.

2. What happens if my TPS application is denied while in removal proceedings? If your TPS application is denied, your removal proceedings will continue. You will need to explore other forms of relief from deportation.

3. Do I need an immigration lawyer to apply for TPS while in removal proceedings? It is highly recommended to work with an immigration attorney to navigate the complex process and ensure your application is handled correctly.

4. Can I work while my TPS application is pending? Yes, you can apply for employment authorization by submitting Form I-765 along with your TPS application.

5. Does TPS provide a pathway to permanent residency or citizenship? No, TPS does not provide a direct pathway to permanent residency or citizenship.

6. What kind of proof is needed for continuous residence and physical presence? Documents like utility bills, rent receipts, and employment records can serve as proof of continuous residence and physical presence.

7. How do I notify the immigration court about my TPS application? You should inform the immigration judge and present proof of your pending TPS application when you submit it.

8. Can any national apply for TPS? Only nationals from countries designated by the DHS as TPS-eligible can apply.

9. Is there a fee for applying for TPS? Yes, there are fees associated with filing Form I-821 and potentially Form I-765.

10. What should I do if the TPS designation for my country expires? You should explore other immigration options or forms of relief from deportation with the help of an immigration attorney.