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Can I Apply for TPS and Asylum?
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:
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- 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:
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- 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
1. Can I apply for TPS and asylum at the same time?
Yes, you can apply for both TPS and asylum concurrently. This can provide an additional layer of protection.
2. What are the main differences between TPS and asylum?
TPS is temporary and based on country-specific conditions, while asylum is a permanent protection based on individual persecution claims.
3. How long does it take to process a TPS application?
Processing times can vary, but it typically takes several months. Be sure to check for updated processing times on the USCIS website.
4. What happens if my asylum application is denied?
If your asylum application is denied, you may still be eligible for TPS if you meet the requirements.
5. Can I work while my TPS or asylum application is pending?
Yes, both TPS and asylum applicants are eligible for work authorization. You must apply for and receive an Employment Authorization Document (EAD).
6. Do I need a lawyer to apply for TPS and asylum?
While it’s not required, having an experienced immigration lawyer can significantly increase your chances of a successful application.
7. What documents are required for a TPS application?
You will need to provide documents that prove your identity, nationality, and continuous residence in the U.S.
8. Can family members be included in my asylum application?
Yes, you can include your spouse and unmarried children under 21 in your asylum application.
9. What are the fees for TPS and asylum applications?
TPS requires a filing fee and a fee for the Employment Authorization Document. Asylum applications do not have a fee.
10. What is the difference between asylum and refugee status?
Asylum is for individuals already in the U.S. or at a U.S. port of entry, while refugee status is for those seeking protection from outside the U.S.
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