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I-821 TPS Facts

Citizens of certain designated foreign countries are granted temporary immigration status by the United States, which is known as Temporary Protected Status(TPS) and citizens of such foreign countries who are granted temporary immigration status need not leave the United States for a certain period of time. The Secretary of Homeland Security, grants temporary immigration status to the citizens of certain foreign countries, due to various reasons. If the nationals of the foreign countries are unable to return to their home countries after residing in America temporarily, due to environmental disasters, ongoing armed conflicts or due to other temporary conditions, such countries will be designated for TPS. While applying for temporary protected status, foreign nationals can apply for employment authorization documents and work in the United States. However, TPS beneficiaries may not be permitted to become lawful residents of the country and they will only be granted temporary status and temporary work permits.

USCIS forms that must be filed in order to register for TPS are Form I-821, Application for Temporary Protected Status and Form I-765, Application for Employment Authorization. People who do not wish to obtain work permits also must file Form I-765 along with Form I-821 and these forms must be filed along with the required initial evidence. Citizens of foreign countries whose native countries are designated for TPS, will have to prove that they are citizens of such designated countries or that they have lost their nationality. Moreover, they must have been living in the United States since the date their home countries were designated for temporary immigration status. Apart from that, they must be admissible into the country and must not have involved in criminal activities.

TPS beneficiaries may not be removed from the country, based on their immigration status, during the designated period and these TPS beneficiaries may apply for employment authorization documents and travel documents. Likewise, TPS beneficiaries may not be prevented from applying for non-immigrant visas or for other immigration benefits and they may also file Form I-485 for adjustment of status, based on an immigration petition that was filed on their behalf. They need to be aware of the time period that is provided to apply for TPS and must file their petitions during that period. At times, the Secretary may re-designate certain countries for TPS and in such cases, the beneficiaries will have to re-register in order to remain in the country and to receive TPS benefits and while they apply for TPS re-registration, their employment authorization documents will automatically be extended.

People who receive TPS will be protected by the laws of the country, irrespective of their immigration status and they can stay in America without fear as they may not be deported after being granted temporary immigration status. TPS beneficiaries, who get married to US citizens or Green Card holders can apply for adjustment of status and change their immigration status. Similarly, they can file petitions to adjust status if they get full time jobs in America and if their employers are willing to sponsor them. But they need to remember that they will not be granted lawful status, automatically. If the beneficiaries had entered into the country on temporary non-immigrant visas, they will return to the same status after the TPS designation is terminated.

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