Seek Temporary Protected Status (TPS) With a Trusted Los Angeles or Fullerton Attorney
The Law Offices of Gita B. Kapur and Associates represents individuals in Los Angeles County, throughout California and around the world in a variety of immigration matters, from visa applications to deportation defense. This includes helping clients file for temporary protected status (TPS) with the U.S. Citizenship and Immigration Services (USCIS). The USCIS grants this temporary immigration status to eligible individuals from certain countries that the government considers as currently unsafe, unstable or dangerous.
Who Can Apply for TPS?
Individuals who are continuous residents of the U.S. when unsafe conditions are occurring in their home countries can apply for temporary protected status. Take note that, in most cases, these individuals must return to their home countries when they become safe again.
Certain conditions can prevent someone from getting TPS or keeping their current status, such as:
- Being convicted by a court of committing one felony or two or more misdemeanors while in the U.S.
- Being found unable to be admitted as an immigrant for reasons specified in INA section 212(a), such as security reasons or criminal convictions that cannot be waived
- Being barred from asylum status because they allegedly participated in the persecution of someone or took part in terrorist acts or have other mandatory bars to asylum
- Not being continuously physically present in the U.S. long enough
- Not meeting registration requirements for TPS
- Not having re-registered for TPS, as required
TPS and asylum are similar in terms of purpose and function. However, they are different in terms of who they protect and the criteria for eligibility. Asylum is typically granted to individuals who are unsafe or in fear of persecution in their home countries, while TPS is designed to protect large groups of people or entire countries, in some situations. The lawyers at the Law Offices of Gita B. Kapur and Associates can assist with applying for both asylum and refugee status, in addition to TPS.
Which Countries Are Eligible for TPS?
TPS is typically available to individuals from countries that are at war or have experienced a natural disaster. Currently, these countries include:
- Haiti
- Honduras
- Lebanon
- Nepal
- Nicaragua
- Somalia
- Syria
- Ukraine
- Venezuela
- South Sudan
- Sudan
- Yemen
- Burma (Myanmar)
- Cameroon
- El Salvador
- Ethiopia
It’s important to note that the U.S. government intends to terminate TPS for several countries in September 2025, including Nicaragua and Honduras. This initially included Haiti and Venezuela as well. However, ongoing litigation has affected its termination.
Currently, a court order extends TPS validity for Haiti until at least February 3, 2026. For Venezuela, those with TPS under the 2021 designation will continue to have protection until September 10, 2025. Those under the 2023 Venezuela designation have largely seen their TPS terminated, but some individuals may retain status and document validity due to specific court orders. Our lawyers can offer the most current information and explain how this may apply to your situation.
TPS Benefits and Adjustment of Status
If a person has or might qualify for TPS, and their case passes an initial review (prima facie eligibility), they can receive certain benefits during a specific government-designated period, such as:
- Not being deported from the United States
- Being eligible for employment authorization documents (EADs)
- Being authorized to travel
- Protection from being detained by immigration authorities based solely on their immigration status
If you have TPS, you may be eligible to adjust your status without leaving the U.S. or going through consular processing outside of the U.S., especially if your case is in the jurisdiction of the 6th or 9th U.S. Circuit Courts of Appeals.
Specifically, the court decisions for Flores v. USCIS (in the 6th Circuit) and Velasquez v. Garland (2023) (in the 9th Circuit) established that the grant of TPS effectively counts as an “admission” for the purpose of adjusting status under INA Section 245(a). As a result, families can typically remain together in the U.S. during the application process.
However, every case is different. Our legal team at the Law Offices of Gita B. Kapur and Associates can provide personalized guidance on how these court decisions might impact your eligibility.
TPS and Advance Parole
Individuals who have been granted TPS that will soon be expiring may apply for advance parole to re-enter the United States. If that individual who last entered with advance parole has a United States citizen child who turns 21 years old or gets married to a U.S. citizen, they may be eligible to apply for adjustment of status.
Contact an Experienced Temporary Protected Status Attorney
Protect your right to live and work in the US. If you have TPS and need help with advance parole, adjustment of status or late registration, our Los Angeles immigration attorneys can help. We provide personalized legal strategies for your specific situation, as well as competitive pricing and payment plan options.
Our multilingual team also speaks a variety of languages, including Spanish, Zapotec, Korean, Hindi, Punjabi, Gujarati, and Urdu. Contact us today for a consultation. Call us at 213-784-6598 or send us a message through our website.