Albuquerque Temporary Protected Status Lawyer

Many individuals live in the United States under the constant threat of deportation, even as they diligently work to regularize their immigration status. For those who are actively pursuing legal pathways, an Albuquerque temporary protected status lawyer from John W. Lawit, LLC can be an invaluable ally, offering expert guidance and representation to navigate the intricate legal system and potentially secure temporary relief from deportation while their long-term immigration goals are pursued.

What Is Temporary Protected Status?

Temporary Protected Status (TPS) is a temporary immigration benefit provided by the U.S. government to eligible nationals of designated countries. This status allows individuals from countries experiencing armed conflict, natural disasters, or other extraordinary and temporary conditions to remain and work in the United States.

TPS offers protection from deportation and provides work authorization for the duration of the designation. It is not a path to permanent residency or a green card, but it can be maintained through re-registration as long as the country’s designation continues.

What Happens After You’re Approved for TPS?

Once your TPS application is approved, it’s crucial to understand the implications and responsibilities that come with this status. While approval offers immediate relief and benefits, TPS is temporary, and maintaining it requires ongoing attention to re-registration periods and adherence to specific guidelines.

Knowing what to expect post-approval helps you manage your status effectively and plan for your future.

• Work Authorization (Employment Authorization Document – EAD): Upon approval for TPS, you are typically granted an Employment Authorization Document (EAD), also known as a work permit. This document allows you to legally work in the United States for the duration of your TPS status.
• Travel Permission (Advance Parole): If you wish to travel outside the United States while holding TPS, you must apply for and receive an Advance Parole document before your departure. Traveling without Advance Parole can lead to the abandonment of your TPS status and may prevent your re-entry into the U.S. Advance Parole allows for re-entry into the U.S. without jeopardizing your TPS.
• TPS Renewal vs. Adjustment of Status:
  • TPS Renewal (Re-registration): To maintain your TPS benefits, including protection from deportation and work authorization, you must re-register during each designated re-registration period. The Department of Homeland Security (DHS) periodically reviews country conditions and determines whether to extend, redesignate, or terminate TPS for a specific country.
  • Adjustment of Status: While TPS itself is not a direct path to a green card, it may be possible to adjust your status to a lawful permanent resident if you qualify under a different immigration category. This means that if you become eligible for a green card through another avenue (e.g., family-based petition, employment-based visa, or asylum), holding TPS does not prevent you from pursuing that path.

What Does an Albuquerque Temporary Protected Status Attorney Do?

An Albuquerque Temporary Protected Status attorney plays a critical role in guiding individuals through the complex process of obtaining and maintaining TPS. They offer comprehensive legal assistance, from the initial assessment of eligibility to the preparation and submission of applications, and representation in any necessary proceedings.

Initial Consultation and Eligibility Assessment

An Albuquerque humanitarian relief attorney will first conduct a thorough consultation to determine if you meet the eligibility criteria for TPS. This involves reviewing your immigration history, examining your continuous physical presence and continuous residence in the U.S., and verifying that your country is designated for TPS.

They can identify any potential issues that might disqualify you and advise on the best course of action.

• Application Preparation and Filing: The application process for TPS involves meticulous completion of various forms. An experienced attorney ensures all forms are correctly filled out, all required documents are gathered, and the application package is submitted accurately and on time to USCIS. They also help you prepare for the biometrics appointment.
• Responding to Requests for Evidence (RFEs): It is common for USCIS to issue a Request for Evidence (RFE) if they require additional information or clarification regarding your application. An attorney can effectively respond to RFEs, providing the necessary documentation and legal arguments to address USCIS’s concerns and prevent delays or denials.
• Appealing Denials: If a TPS application is denied, an attorney can assess the reasons for the denial and determine if there are grounds for an appeal. They can prepare and file the necessary appeals, advocating on your behalf to overturn the decision.
• Re-registration Assistance: Maintaining TPS requires timely re-registration during designated periods. An attorney can help you stay informed about re-registration deadlines and assist with the re-registration process to ensure your status and benefits are continued without interruption.
• Advising on Adjustment of Status and Other Immigration Pathways: While TPS is temporary, an attorney can advise you on potential pathways to permanent residency or other long-term immigration solutions. If you become eligible for a green card through another immigration category (e.g., family-based petition, employment-based visa, or asylum), they can guide you through the process of adjusting your status while holding TPS.

How to Qualify for TPS

To qualify for TPS, individuals must meet specific criteria established by USCIS. While the process involves careful attention to detail and adherence to guidelines, the core qualifications are generally straightforward.

Eligibility Criteria for TPS

To qualify for TPS, you must meet all of the following:

• Nationality: You must be a national of a country currently designated for TPS, or a person without nationality who last habitually resided in that country.
• Continuous Residence: You must have continuously resided in the United States since the date specified by the TPS designation for your country.
• Continuous Physical Presence: You must have been continuously physically present in the U.S. since the effective date of your country’s TPS designation.
• Timely Filing: You must file during the initial registration or re-registration period, or qualify for late initial filing under specific USCIS conditions.
• Admissibility: You must not be inadmissible to the U.S. under certain grounds defined by immigration law.

Disqualifying Factors

Even if you meet the basic requirements, the following can make you ineligible for TPS:

• Felony Convictions: A conviction for one felony, or two or more misdemeanors in the United States, will generally disqualify you.
• Security Risks: Involvement in terrorism, persecution of others, and participation in organized crime will result in denial.
• Immigration Violations: Certain immigration fraud, false claims to U.S. citizenship, and past removal orders may make you ineligible.
• Inadmissibility Grounds: Drug offenses, communicable diseases, and other health or crime-related grounds can lead to inadmissibility, unless a waiver is granted.

Special Situations (DACA Holders, Pending Asylum)

Some individuals in non-permanent statuses may still qualify for TPS under additional rules:

• DACA Holders: Deferred Action for Childhood Arrivals does not prevent you from applying for TPS if you meet all TPS criteria separately.
• Asylum Seekers: Individuals with pending asylum applications can also apply for TPS. These two processes are independent and do not cancel each other.
• Pending Removal or Appeal: You may apply for TPS even if you’re in removal proceedings, under supervision, or appealing a deportation order. TPS does not provide a path to permanent residence but does pause removal while active.
• TPS + Advance Parole: Some TPS holders use Advance Parole to travel and re-enter legally, which may affect eligibility for adjustment of status in the future.

How to Apply for TPS in 2025 With the Help of an Albuquerque Temporary Protected Status Law Firm

Applying for TPS in 2025 follows a structured process administered by USCIS. TPS provides temporary immigration status to individuals from designated countries affected by conflict, disaster, or other extraordinary conditions.

Prepare Required Forms

You will then need to file two forms with USCIS:

• Form I-821: Application for Temporary Protected Status.
• Form I-765 (optional): Application for Employment Authorization. File this if you want a work permit.

In addition to these two forms, you will be required to submit supporting documentation. This typically includes original or certified copies (if filing for the first time) of the following:

• Identity and nationality: passport, national ID, birth certificate with photo ID.
• Date of entry into the U.S.: I-94 record, travel documents.
• Continuous residence and physical presence: utility bills, school or medical records, and lease agreements.

Updates to these documents will usually suffice if you are re-registering.

Submit Your Application

Once all forms are completed and supporting documentation is gathered, you must submit your application package to USCIS. You can file your TPS application forms either online through the USCIS online account system or by mail.

Filing online often provides immediate confirmation of receipt and allows you to track the status of your application. Alternatively, you can mail your completed forms and supporting documents to the appropriate USCIS filing address, which will be specified based on your location and country designation.

Keep in mind that you will have to pay filing fees when submitting your application (fee waivers may be available using Form I-912). As of 2025, the fees are:

• Form I-821: $50 (first-time applicants only).
• Biometrics: $85 (if required).
• Form I-765: $520 (if requesting a work permit; reduced for certain age groups or low-income applicants).

Wait for a Decision

USCIS will review your application and will then schedule a mandatory biometrics appointment to collect your fingerprints, photo, and signature. After the review, they will send you either a notice of TPS status, a Request for Evidence, or a denial.

If denied, the notice will explain the reason and whether you can appeal. If approved, remember that TPS is temporary, and you have to re-register during a specified period to maintain status.

Temporary Protected Status FAQ

Can TPS lead to a green card?

Unfortunately, simply having TPS does not directly lead to a green card or permanent residency. TPS is a temporary benefit that provides protection from deportation and work authorization.

To obtain a green card, individuals must typically meet the eligibility requirements for another immigration category, such as family-based petitions, employment-based visas, and asylum. It may be possible to adjust status to a lawful permanent resident if you qualify under a different immigration pathway while holding TPS.

Can I travel on TPS?

Traveling outside the U.S. while on TPS is possible, but it requires obtaining a travel authorization document called an Advance Parole. This document allows you to leave the country and re-enter without jeopardizing your TPS status.

However, it’s crucial to consult with an immigration attorney before traveling, as specific circumstances or changes in immigration law could impact your ability to return or your eligibility for future immigration benefits. Without Advance Parole, leaving the U.S. generally constitutes an abandonment of your TPS status.

How long does TPS last?

Temporary Protected Status is granted for specific periods, typically 6, 12, or 18 months, as designated by the Department of Homeland Security for a particular country. The duration is not fixed and depends on the conditions in the designated country.

DHS periodically reviews the country conditions and may decide to extend, redesignate, or terminate TPS for that country. Individuals holding TPS must re-register during each re-registration period to maintain their status.

What if I missed the re-registration period?

Missing the re-registration period for TPS can have serious consequences, potentially leading to the loss of your protected status and work authorization. While there may be limited exceptions for late re-registration in certain circumstances, such as demonstrating good cause for the delay, it is generally imperative to adhere to the designated deadlines.

If you have missed the re-registration period, it is highly recommended to seek immediate legal counsel from an experienced immigration attorney to understand your options and determine if any relief is available.

Schedule a Free TPS Consultation With Our Albuquerque Immigration Lawyers at John W. Lawit, LLC

If you are facing the complexities of temporary protected status, or if you believe you may qualify for this vital protection, do not navigate the process alone. The experienced Albuquerque immigration lawyers at John W. Lawit, LLC, are dedicated to providing compassionate and effective legal representation.

Contact us today at (214) 609-2242 for a free consultation to discuss your unique situation and explore your options for securing your future in the United States.