Can you apply for tps while in removal proceedings?

Can you apply for tps while in removal proceedings?

Outline of Key Topics

  1. Eligibility for TPS while in removal proceedings

    • What is Temporary Protected Status (TPS)?

    • The importance of removal proceedings in immigration.

  2. Procedure for applying for TPS during removal proceedings

    • The application process.

    • Required documents.

    • Coordination with immigration court.

  3. Possible outcomes and consequences

    • Acceptance of TPS application.

    • Rejection and alternative options.

    • Impact on removal proceedings.

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.

The eligibility requirements for TPS include being a national of a designated TPS country, having been continuously physically present in the U.S. since a specific date, and 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 for TPS, but with some additional considerations due to your status.

First, you will need to complete Form I-821, Application for Temporary Protected Status, and submit required supporting documents. These documents typically include proof of nationality, proof of identity, and evidence of continuous residence and physical presence in the United States. In addition to Form I-821, 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. Because 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. This helps ensure that all parties are aware of your TPS application status and can take it into consideration during your removal proceedings.

Possible Outcomes and Consequences

If your TPS application is approved, this offers significant relief. Approval of your TPS application means that you are granted a temporary stay of deportation and can legally work in the United States. This does not provide a pathway to permanent residency or citizenship, but it does offer a temporary reprieve and the opportunity to live and work legally in the U.S. for the duration of the TPS designation for your country. However, there is always the possibility that your TPS application could be denied. In such cases, you would need to explore other options, potentially including other forms of relief from deportation.

It is important to work closely with an immigration attorney to understand your rights and options fully. Having a pending TPS application does not stop removal proceedings, but it can impact their progress. An immigration judge may decide to delay the removal proceedings until there is a decision on the TPS application. If TPS is approved, the judge might manage your case differently considering your new status. In 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.

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