Can I Apply for TPS and Asylum?

Table of Contents

Introduction

Are you wondering if you can apply for both Temporary Protected Status (TPS) and asylum at the same time in the United States? You’re not alone. Many immigrants find themselves in situations where multiple forms of protection could potentially apply to their cases. In this article, we will clarify this question, dive into the complexities, and guide you through the scenarios where dual applications for TPS and asylum may be beneficial. Let’s get started!

Understanding TPS

Temporary Protected Status (TPS) is a form of relief provided to nationals of certain countries that have been designated by the U.S. government as experiencing ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. TPS allows eligible nationals from these countries to live and work in the United States for a period of time without fear of being deported.

Who Qualifies for TPS?

To qualify for TPS, an individual must:

• Be a national of a country designated for TPS
• File during the open initial registration or re-registration period, or meet the requirements for late filing during an extension of the country’s TPS designation
• Continuously reside in the U.S. since the date specified in the TPS designation
• Have been continuously physically present in the U.S. since the effective date of the designation

Understanding Asylum

Asylum is a form of protection granted to individuals in the U.S. who have fled their home countries due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Who Qualifies for Asylum?

To qualify for asylum, an individual must:

• Be present in the U.S., or arriving at a U.S. port of entry
• File an application within one year of arrival in the U.S. (with certain exceptions for changes in circumstances)
• Prove that they face persecution in their home country due to one of the protected grounds

The Asylum Process

The asylum process includes:

• Filing Form I-589, Application for Asylum and for Withholding of Removal
• Attending a biometric appointment
• Being interviewed by an asylum officer or appearing before an immigration judge

Can I Apply for TPS and Asylum?

Yes, it is possible to apply for both TPS and asylum simultaneously. Applying for both can offer an added layer of protection. For instance, if your asylum application is denied, you might still be eligible for TPS, which can protect you from deportation and allow you to work legally in the U.S.

Benefits of Dual Application

There are several advantages to applying for both TPS and asylum:

Additional Protection

Having both applications in process can serve as a safety net. If one application is denied, the other might still provide you with protection and legal status.

Work Authorization

Both TPS and asylum come with work authorization, allowing you to get a job legally in the United States. This can be a significant advantage, providing financial stability while your cases are processed.

The Application Process

Both TPS and asylum have their own distinct application processes. Here’s a brief overview:

Applying for TPS

• File Form I-821, Application for Temporary Protected Status
• Submit Form I-765, Application for Employment Authorization, if you want to work
• Include documents proving your identity, nationality, and continuous residence in the U.S.

Applying for Asylum

• File Form I-589, Application for Asylum and for Withholding of Removal
• Attend your biometric appointment
• Prepare for and attend your asylum interview or immigration court hearing

Eligibility Requirements

It’s important to understand the specific eligibility requirements for both TPS and asylum:

TPS Eligibility

• National of a TPS-designated country
• Continuous physical presence in the U.S. since the effective date of TPS designation
• Meets all other requirements as specified by USCIS

Asylum Eligibility

• Presence in the U.S. or arriving at a U.S. port of entry
• Well-founded fear of persecution based on one of the five protected grounds
• Filed within one year of arrival in the U.S. (with exceptions)

Common Mistakes to Avoid

When applying for TPS and asylum, be sure to avoid these common mistakes:

Missing Deadlines

Failing to submit your applications within the required time frames can result in denial. Always keep track of deadlines and ensure timely submissions.

Insufficient Documentation

Providing incomplete or insufficient documentation can hinder your case. Gather all necessary supporting documents and ensure they meet the requirements.

Inconsistent Information

Inconsistent information between your TPS and asylum applications can raise red flags. Be honest and consistent throughout your applications.

Conclusion

Applying for both TPS and asylum can be a complex but beneficial strategy for immigrants seeking protection in the United States. By understanding the requirements, processes, and potential pitfalls, you can increase your chances of success. Remember, it’s always a good idea to consult with an experienced immigration lawyer to guide you through the process.

If you need assistance with your TPS or asylum application, don’t hesitate to reach out to us. We are here to help you navigate the complexities of immigration law. Call us at (212) 566-3572 or click here to contact us. We are committed to helping you achieve your immigration goals.

FAQs