Can You Apply for TPS While in Removal Proceedings?

The United States has always been a land of opportunities for immigrants seeking a better life. However, navigating the complex immigration system can be overwhelming and daunting, especially for those facing removal proceedings. One such option that may provide relief for individuals in this situation is Temporary Protected Status (TPS). In this article, we will delve into the details of TPS and answer the question, “Can you apply for TPS while in removal proceedings?”

Understanding TPS

Temporary Protected Status is a temporary immigration benefit granted to individuals from designated countries that are experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. TPS allows eligible individuals to remain in the United States and obtain work authorization for a designated period of time.

Eligibility for TPS

To be eligible for TPS, an individual must be a national of a designated country and meet specific requirements set by the United States Citizenship and Immigration Services (USCIS). These requirements include being physically present in the United States at the time of the TPS designation, continuously residing in the US since the designated date, and passing a background check.

TPS and Removal Proceedings

Individuals in removal proceedings are facing deportation from the United States. However, they may still be eligible to apply for TPS while their case is pending. The USCIS allows individuals in removal proceedings to apply for TPS if they meet the eligibility requirements.

Applying for TPS While in Removal Proceedings

To apply for TPS while in removal proceedings, an individual must first file Form I-821, Application for Temporary Protected Status, along with the required supporting documents. The individual must also submit a copy of their Notice to Appear (NTA) or other documentation that proves they are in removal proceedings. It is essential to note that filing for TPS while in removal proceedings does not automatically halt the deportation process. The individual must still attend all scheduled hearings and comply with any orders issued by the immigration judge. However, if the individual is granted TPS, they will be allowed to remain in the US and obtain work authorization until the TPS designation expires.

The Benefits of Applying for TPS While in Removal Proceedings

Applying for TPS while in removal proceedings can provide several benefits for individuals facing deportation. Firstly, it allows them to remain in the US and obtain work authorization, providing them with financial stability. Secondly, it may also provide a temporary halt to the deportation process, giving individuals more time to gather evidence and build a stronger case for their defense.

Conclusion

In conclusion, Temporary Protected Status is a temporary immigration benefit that may provide relief for individuals facing removal proceedings. Eligible individuals may apply for TPS while in removal proceedings, but it is crucial to follow all necessary steps and comply with any orders issued by the immigration judge. TPS can provide individuals with the opportunity to remain in the US and obtain work authorization, providing them with a sense of stability during a challenging time.

FAQs

Q: Can I apply for TPS if I am not in removal proceedings? A: Yes, individuals who are not in removal proceedings but meet the eligibility requirements for TPS can still apply for this benefit. Q: Can I apply for TPS if I have a criminal record? A: It depends on the nature of the criminal offense. USCIS will consider the severity and type of crime when determining TPS eligibility. Q: Can I travel outside of the US while my TPS application is pending? A: No, individuals with pending TPS applications are not allowed to travel outside of the US. Doing so may result in the abandonment of the TPS application.